PC RES 2018-030 P.C. RESOLUTION NO. 2018-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES THEREBY
CONDITIONALLY APPROVING A CONDITIONAL USE
PERMIT ALLOWING A CYCLEBAR TO OPERATE CYCLING
CLASSES SERVING 48 CUSTOMERS PER CLASS, 7 DAYS
A WEEK,WITHIN AN EXISTING 2,000 SQ. FT. UNIT ON THE
FIRST LEVEL OF THE TERRACES SHOPPING CENTER
LOCATED AT 28901 WESTERN AVENUE(PLCU2OI8-0008).
WHEREAS, on September 5, 2018, Ken McKently and Greg James of McKently
Malak Architects (Applicant) submitted, on behalf of Cyclebar, an application for a
Conditional Use Permit requesting approval to operate cycling classes 7 days a week
within an existing 2,000 sq. ft. unit on the first level of the Terraces shopping center; and,
WHEREAS on October 5, 2018, Staff completed an initial review of the development
application and deemed the application incomplete. After several resubmittals of revised
plans and additional information, the development application was deemed complete for
processing on November 5, 2018; and,
WHEREAS, on November 22, 2018, 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 Development Code, the Planning Commission held a duly-noticed public hearing
on December 11, 2018, 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 for a Conditional Use Permit to
operate a Cyclebar franchise within a 2,000ft2 unit on the first level (street level) of the
Terraces shopping center. The Cyclebar business will operate indoor cycling classes
serving up to 48 customers per class, 7 days a week, between the hours of 5:30 a.m. -
11:00 p.m. Monday through Friday, and 7:00 a.m. - 1:00 p.m. Saturday and Sunday.
Section 2: Pursuant to Section 17.12.030 of the Development Code,the Planning
Commission finds that the Cyclebar fitness studio in the Commercial General (CG)zoning
district warrants a Conditional Use Permit (CUP) based on the following findings:
A. The site is adequate in size and shape to accommodate the proposed
Cyclebar since it will occupy an existing 2,000ft2 unit on the first level of the
Terrace's shopping center. Other than undergoing an interior remodel to
accommodate the use, the proposed use will not require physical changes to
the exterior of the shopping center, will not alter existing setbacks, nor trigger
the installation of new fencing, landscaping, lighting, or other site-related
improvements. In terms of parking, the Cyclebar is required to provide 12
spaces based on a parking study that was completed as part of Revision "G"
of CUP No. 101 that requires 6.17 parking spaces for every 1,000 square
feet. The shopping center is improved with 783 parking spaces of which 756
spaces are utilized for the peak weekday demand, leaving a surplus of 27
spaces. Given that there is a surplus of 27 parking spaces, the shopping
center has adequate number of parking to accommodate the proposed use.
B. The proposed Cyclebar will generate similar traffic levels as the previous
fitness studio that occupied the unit and will not result in an intensification of
traffic generation. In addition, the shopping center is located on Western
Avenue which is an arterial street that is capable of handling the amount of
traffic the proposed use is expected to generate.
C. The proposed Cyclebar will not have a significant adverse effect on adjacent
properties or on other uses within the shopping center. The properties
located to the west and southwest of the shopping center(rear and interior-
side property lines) are improved with single-family residences which are the
closest adjacent properties to the proposed Cyclebar(near the eastern end
of the building on Level 1). The elevation difference between these residence
and the location of the proposed use is approximately 64', thus minimizing
any potential impacts. There will be no aesthetic, land use, traffic, or other
similar impacts onto the neighboring properties as the proposed use will
occupy an existing vacant unit at the shopping center. As conditioned, there
will be no significant noise impacts generated with the operation of the cycle
studio including when amplified music is used for each class which will be
contained within the interior of the unit.
The proposed Cyclebar will not adversely impacts existing businesses at the
shopping center, including the restaurants, retail stores, health club facility,
offices, and special services. The Cyclebar will be in operation between the
hours of 5:30 a.m. - 11:00 p.m. Monday through Friday and 7:00 a.m. - 1:00
p.m. Saturday and Sunday, and these established business hours are within
the regular business hours of the shopping center and will not create adverse
impacts to other businesses at the shopping center.
D. The proposed Cyclebar is not contrary to the General Plan because the site
is designated for commercial use, and the proposed use is permitted in the
P.C. Resolution No. 2018-30
Page 2 of 4
Commercial General (CG) zoning district with an approval of a CUP.
E. The Terraces shopping center is not within an overlay control district.
F. In order to ensure that the operation of the Cyclebar fitness studio will not
adversely impact the health, safety and general welfare of neighboring
property owners, existing and future business, and visitors of the shopping
center, the following conditions of approval have been imposed 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 5:30 a.m. - 11:00 p.m. Monday
through Friday and 7:00 a.m. - 1:00 p.m. Saturday and Sunday.
• 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 48 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 Cyclebar 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, January 3, 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, January 3, 2019.
Section 4: 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. 2018-
30, approving a Conditional Use Permit to allow a Cyclebar to operate cycling classes
serving 48 customers per class, 7 days a week, within an existing 2,000 sq. ft. unit on the
first level of the terraces shopping center, subject to the Conditions of Approval contained
in the attached Exhibit "A."
PASSED, APPROVED, AND ADOPTED this 11 t"day of December 2018, by the following
vote:
P.C. Resolution No. 2018-30
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AYES: COMMISSIONERS SAADATNEJADI, PERESTAM, NELSON, LEON, VICE-
CHAIRMAN BRADLEY, AND CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
97741
:0)-.....•
William J. J es
Chairman
Ara Mi ranian,
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2018-30
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT
(PLCU2018-0008)
GENERAL
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and the property owner shall submit to the City a statement, in writing, that they
have read, understand, and agree to all conditions of approval contained in this
Exhibit "A". Failure to provide said written statement within 90 days following the
date of this approval shall render this approval null and void.
2. All existing conditions of approval adopted under P.C. Resolution No. 2018-30 for
the general operation of the shopping center shall remain in full force and effect.
3. The Applicant shall indemnify, protect, defend, and hold harmless, the City,
and/or any of its officials, officers, employees, agents, departments, agencies,
and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside,
void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
4. Prior to conducting any work in the public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements, the
Applicant shall obtain an encroachment permit from the Director of Public Works
5. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws
and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code shall apply.
6. Pursuant to Section 17.78.040 of the Rancho Palos Verdes Municipal Code, the
Director of Community Development is authorized to make minor modifications to
the approved plans and any of the conditions of approval if such modifications
will achieve substantially the same results as would strict compliance with the
approved plans and conditions. Substantial changes to the project shall be
considered a revision and require approval by the final body that approved the
original project, which may require new and separate environmental review and
Exhibit "A"
P.C. Resolution No. 2018-30
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public notification.
7. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall
conform to the residential development standards of the City's Municipal Code,
including but not limited to height, setback and lot coverage standards.
8. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation
procedures contained in Section 17.86.060 of the Rancho Palos Verdes
Municipal Code or administrative citations as described in Section 1.16 of the
Rancho Palos Verdes Municipal Code.
9. If the Applicant has not submitted an application for a building permit for the
approved project or not commenced the approved project as described in
Section 17.86.070 of the Rancho Palos Verdes Municipal Code within one year
of the final effective date of this decision, approval of the project shall expire and
be of no further effect unless, prior to expiration, a written request for extension is
filed with the Community Development Department and approved by the
Director.
10. In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department, the stricter
standard shall apply.
11. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
City with the effective date of this decision.
12. This approval is only for the items described within these conditions and
identified on the stamped APPROVED plans and is not an approval of any existing
illegal or legal non-conforming structures on the property, unless the approval of
such illegal or legal non-conforming structure is specifically identified within these
conditions or on the stamped APPROVED plans.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Building Official. All construction waste
and debris resulting from a construction, alteration or repair project shall be
removed on a weekly basis by the contractor or property owner. Existing or
temporary portable bathrooms shall be provided during construction. Portable
bathrooms shall be placed in a location that will minimize disturbance to the
surrounding property owners, to the satisfaction of the City's Building Official.
14. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM,
Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction
activity permitted on Sundays or on the legal holidays specified in Section
Exhibit "A"
P.C. Resolution No. 2018-30
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17.96.920 of the Rancho Palos Verdes Development Code. During demolition,
construction and/or grading operations, trucks shall not park, queue and/or idle at
the project site or in the adjoining street rights-of-way before 7AM Monday
through Friday and before 9AM on Saturday, in accordance with the permitted
hours of construction stated in this condition. When feasible to do so, the
construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties,
subject to approval by the building official.
15. If construction projects that are accessible from a street right-of-way or an
abutting property and which remain in operation or expect to remain in operation
for over 30 calendar days, the Applicant shall provide temporary construction
fencing, as defined in Section 17.56.050(C) of the Development Code. Unless
required to protect against a safety hazard, temporary construction fencing shall
not be erected sooner than 15 days prior to commencement of construction.
16. For all grading, landscaping and construction activities, the Applicant shall
employ effective dust control techniques, either through screening and/or
watering.
PROJECT SPECIFIC CONDITIONS
17. This approval shall allow the operation of a Cyclebar franchise within Suite No.
107A) on the first level (street level) of the Terraces shopping center.
18. The Cyclebar business shall be permitted to only operate indoor cycling classes
serving up to 48 customers per class, 7 days a week, between the hours of 5:30
a.m. - 11:00 p.m. Monday through Friday, and 7:00 a.m. - 1:00 p.m. Saturday
and Sunday. No operations shall occur outside the interior of Suite No. 107A.
19. No more than 48 customers shall be permitted for each cycling class.
20. New signage for the future tenant of the fitness studio use shall require a Sign
Permit issued by the Planning Division, subject to the Terraces Shopping Center
Signage Program.
21. This approval does not allow any alterations to the existing building footprint on
any level of the shopping center.
22. Prior to issuance of the Certificate of Occupancy, all required tenant
improvements for the Cyclebar shall be permitted and inspected by the City's
Building and Safety Division.
23. All amplified sound shall be contained within the interior of the unit. The
Community Development Director shall monitor and make necessary appropriate
Exhibit "A"
P.C. Resolution No. 2018-30
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adjustments to the noise levels generated by the operation of the Cyclebar within
30 days of operation.
24. The Cyclebar shall occupy no less than 12 parking spaces of the 783 parking
spaces available within the shopping center.
25. Prior to issuance of the Certificate of Occupancy, the management company or
its designee shall submit to the Planning Division, an updated tenant list (rent
roll) for the shopping center which includes the Cyclebar tenant. The
management company or its designee shall also update the leasable areas and
parking counts in the "Shared Parking Program — Parking Demand Tables" and
submit to the Director for verification that updated number of uses at the
shopping center will not exceed the 783 available parking spaces. Once the
number and/or square foot of the uses at the shopping center and corresponding
parking demand maximize the total 783 parking spaces available, the
management company shall agree that no additional tenants will occupy the
shopping center, until/unless either additional parking spaces are provided or the
tenant mix of the uses is adjusted as not to exceed the 783 parking spaces
available at the shopping center.
26. The operation of the Cyclebar and its compliance with the City's Conditions of
Approval including, but not limited to, parking, noise, and hours of operation shall
be subject to an annual compliance review by the Planning Commission after
one year of operating.
Exhibit "A"
P.C. Resolution No. 2018-30
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