PC RES 2022-002 P.C. RESOLUTION NO. 2022-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING A CONDITIONAL USE
PERMIT TO ALLOW PHILLIPS JIU JITSU STUDIO TO OPERATE
CLASSES FIVE DAYS A WEEK WITHIN A VACANT 621 FT2 SUITE
ON THE LOWER LEVEL OF AN EXISTING SPLIT-STORY
COMMERCIAL BUILDING AT 34 MIRALESTE PLAZA (CASE NO.
PLC U2021-0006).
WHEREAS,on September 21,2021, Nicole and Brian Phillips("Applicant")su bmitted
a Conditional Use Permit (CUP)application, requesting approval to allow Phillips Jiu Jitsu
studio to operate classes five days a week within a 621 ft2 leasing space on the lower level
of an existing split-story commercial building at 34 Miraleste Plaza, in the City of Rancho
Palos Verdes; and
WHEREAS,on October 20 2021, staff completed an initial review of the application,
at which time the application was deemed incomplete due to missing information. The
Applicant submitted additional information on several occasions and staff deemed the
application complete for processing on December 1, 2021; and
WHEREAS,on January 6, 2022, a public notice was published in the Palos Verdes
Peninsula News and mailed to all property owners within a 500-foot radius from the project
site, providing a 15-day time period to submit comments; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources 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,the proposed project has been found to be categorically exempt under Section
15301(a) (Existing Facility) of the California Guidelines for Implementation of CEQA.
Specifically,the proposed use will occupy an existing 621 ft2 unit on the lower level of an
existing split-story commercial building and will undergo minorinteriortenantimprovements;
and
WHEREAS,the Planning Commission held a public hearing on January 25,2022, 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: The proposed project is a request to allow Phillips Jiu Jitsu studio to
operate classes five days a week within a vacant621 ft2 suite on the lowerlevel of an existing
split-story commercial building.
P.C. Resolution No. 2022-02
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Section 2: The Planning Commission finds that the CUP to allow the operation of
Ph illips Jiu Jitsu studio located within a Commercial Limited (CL)zoning district is warranted
based on the following findings:
A. The site is adequate in size and shape to accommodate the use and for all of
the yards, setbacks, walls, fences, landscaping and other features required by the
Development Code or by conditions imposed to integrate the use with those on adjacent
land and within the neighborhood.The proposed use will occupy a vacant621 ft2 uniton the
lower level of an existing split-story commercial building. Other than undergoing minor
interior remodeling (i.e., tenant improvements) to accommodate the proposed Jiu Jitsu
studio, no other physical changes, including to the exterior of the building,will be required.
In addition, the proposed use will not alter existing setbacks, nor will the use trigger new
fencing, landscaping, lighting, or other site-related improvements. Furthermore, the
proposed Jiu Jitsu studio will be operated outside of most normal business hours in the
vicinity for limited days and time of the week so as not to create adverse impacts to the
neighboring properties.
B. The site for the use relates to streets and highways sufficient to cavy the type
and quantity of traffic generated by the subject use because there will be a surplusofthirteen
parking spaces (i.e., 15 joint parking spaces plus 3 designated spaces on-site less 5 code
required parking spaces) for the Jiu Jitsu studio to utilize. In addition, its operations are
outside most of the other business hours within the same building or neighboring
commercial uses and therefore, any impacts created by the additional traffic to the Jiu Jitsu
studio will be negligible.
C. In approving the use at the specific location, there will be no significant
adverse effect on adjacent property or the permitted use thereof because there will be no
additional aesthetic, land use, noise, or other impacts onto the neighboring properties as
the proposed use is a locally owned and operated, boutique Jiu Jitsu studio that will occupy
a vacant tenant space with no amplified music or noise associated with the classes.
Specifically,the proposed hours of operation are shorter than that of most establishments
in the neighborhood shopping center and a surplus of parking is available for use during the
Applicant's business hours. Furthermore,the proposed Jiu Jitsu studio will complement the
neighborhood shopping center, which has an existing mixture of commercial uses. More
specifically,the new patrons of the Jiu Jitsu studio may support and enhance some of the
other establishments that will benefit the overall economy of the neighborhood shopping
center.
D. The use is not contrary to the General Plan as it complies with Policy No. 13
of the Land Use Element of the General Plan to "require that commercial and institutional
activity buffer and mitigate negative impacts on adjoining residential areas (General Plan
Pg. L-8)." By proposing a boutique Jiu Jitsu studio within a vacant tenant space with limited
hou rs th at operate mostly outside of regular business hours in the vicinity,potential negative
P.C. Resolution No. 2022-02
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impacts associated with insufficientparkingandtraffic related issueswill be mitigated, along
with the joint parking agreements with neighboring establishments that provide a surplus of
required parking for the business. In addition,the studio's operations do not include the use
of any amplified music and will not generate noise that may have a negative impact to
adjoining residential areas. Lastly, the General Plan Land Use designation for the site is
Commercial Retail (CR), wherein the corresponding zoning district is Commercial Limited
(CL). RPVMC §17.14.030(M) and (0) permits private educational uses, including nursery
schools and day nurseries, and outdoor active recreational uses and facilities with an
approval of a CUP. As the boutique Jiu Jitsu studio will be similar in nature to the
aforementioned permitted uses and development,it will be con si sten twith the General Plan
land use.
E. The property is not within an overlay control district
F. Conditions necessary to protect the health,safety, and general welfare, have
been added as reflected in Exhibit"A"of this Resolution, which include:
1. All tenant improvements shall be permitted and inspected by the City's
Building and Safety Division.
2. All classes shall be conducted indoors,with no amplified music.
3. Each class shall be limited to sixteen participants
4. The hours of operation shall be limited to 5:00 PM to 8:00 PM on Monday
and Wednesday;6:00 AM to 7:00 AM and 5:00 PM to 7:00 PM on Tuesday
and Thursday; and 6:00 AM to 7:00 AM and 9:00 AM to 12:00 PM on
Saturday for a total of sixteen classes per week.
5. Revisions or revocations to the Joint Parking Agreement shall immediately
be reported to the City in order to re-assess parking requirements.
6. In cases where special tournaments or events are hosted at the Jiu Jitsu
studio that may increase parking demand, a Special Use Permit shall be
required.
7. The Conditional Use Permit for Case No. PLCU2021-0006 shall expire
once the Applicant vacates the premises and will not be transferable to a
new tenant occupying the space fora similar use in the future.
8. The operation of the Jiu Jitsu studio and its compliance with the City's
Conditions of Approval shall be su bject to an annual compliance review by
the Planning Commission afterone year of operating, if deemed necessary
by the Director.
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,
February 10, 2022. A$3,100.00 appeal fee must accompany any appeal letter. If no appeal
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is filed timely, the Planning Commission's decision will be final at 5:30 P.M. on Thursday,
February 10, 2022.
Section 3: 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§17.86.100(B) of the RPVMC.
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.2022-
02, approving the Conditional Use Permit to allow PhillipsJiu Jitsu studio to operate classes
five days a week within a vacant 621 ft2 suite on the lower level of an existing split-story
commercial building,subject to the Conditions of Approval contained in the attached Exhibit
«A,,.
PASSED,APPROVED AND ADOPTED this 25th day of January 2022 by the following
vote:
AYES: COMMISSIONERS CHURA, NELSON, NULMAN, SAADATNEJADI,
SANTAROSA, VICE-CHAIR HAMILL, AND CHAIR PERESTAM
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Stet en Perestam
Chair
OA,
Ken Ru kavin a, PE
Director of Community Development;and,
Secretary of the Planning Commission
P.C. Resolution No. 2022-02
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLCU2021-0006
(CONDITIONAL USE PERMIT)
34 MIRALESTE PLAZA
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and/or 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 ninety(90)days following the date of
this approval shall render th is approval null and void.
2. 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 tie
project.
3. Prior to conducting any work in the public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanentimprovements, the Applicant
shall obtain an encroachment permit from the Director of Public Works.
4. 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(RPVMC)shall apply.
5. Pursuant to RPVMC §17.78.040, 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 su bstantiallythe 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 public notification.
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6. The project developmenton the site shall conform to the specific stan dards contained
in these conditions of approval or, if not addressed herein, shall conform to the
residential development standards of the RPVMC, including but not limited to height,
setback and lot coverage standards.
7. Failure to comply with and adh ere to all of these conditions of approval may be cause
to revoke the approval of the project pu rsu antto the revocation procedu res contained
in RPVMC §17.86.0601, or may be cause of the issuance of administrative citations
as described in RPVMC Ch. 1.16.
8. If the Applicant h as not submitted an application for a building permit for the approved
project or not commenced the approved project as described in RPVMC §17.86.070
within one year of the final effective date of this Notice of 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.
9. 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.
10. 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 approval.
11. 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, un less the approval of such illegal or legal
non-conforming structure is specifically identified within these conditionsor on the
stamped approved plans.
12. The construction site and adjacent public and private properties and streets shall be
kept free of all loose materials resembling trash and debris in excess of that material
used for immediate construction purposes. Such excess material may include, but
not be limited to: the accumulation of debris,garbage, lumber, scrap metal, concrete
asphalt, piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
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 repai r 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
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location that will minimize disturbance to the surrounding property owners, to the
satisfaction of the City's Building Official.
14. 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 cal en dardays shall provide temporary construction fencing,as defined in RPVMC
§17.56.050(C). Unless required to protect against a safety hazard, temporary
construction fencing shall not be erected sooner than 15 days prior to
commencement of construction.
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920.
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
7:00 AM Monday through Friday and before 9:00 AM 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.
16. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques,eith er through screening an d/or watering.
Project Specific Conditions:
17. This approval shall allow Phillips Jiu Jitsu studio to operate classes within a vacant
621 ft2 suite on the lower level of an existing split-story commercial building at 34
Miraleste Plaza.
18. All required tenant improvements for Phillips Jiu Jitsu studio shall be permitted and
inspected by the City's Building and Safety Division.
19. All classes shall be conducted indoors with no amplified music.
20. Each class shall be limited to sixteen participants.
21. The initial hours of operation shall be 5:00 PM to 8:00 PM on Monday and
Wednesday;6:00 AM to 7:00 AM and 5:00 PM to 7:00 PM on Tuesday and Thursday;
and 6:00 AM to 7:00 AM and 9:00 AM to 12:00 PM on Saturday. Applicant may
informally request additional hours and days of operation,which shall be considered
and granted by the Director provided that the additional hours of operation do not
result in adverse traffic and parking impacts to the neighborhood.Any amendment to
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the hours of operation shall be memorialized in this condition.Any amendment to the
joint parking agreements, if needed,shall be negotiated separately by the parties to
the agreements.
22. The Applicant shall immediately notify the City of any revisions or revocation of the
joint parking agreements executed with 40 Miraleste Plaza (i.e., Miraleste
Automotive) and 4007 Miraleste Drive (i.e., Remax) to ensure sufficient parking is
provided during the hours of operation for Phillips Jiu Jitsu studio.
23. In cases where special tournaments or events are hosted at the Jiu Jitsu studio that
may increase parking demand,a Special Use Permit shall be required.
24. The Conditional Use Permit for Case No. PLC U 2021-0006 shall expire once the
Applicantvacates the premises and will notbe transferable to a new tenantoccuwing
the space for a similar use in the future.
25. The operation of Phillips Jiu Jitsu 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, if deemed necessary by the Director.
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