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PC R 21-2352RESOLUTION NO. 21-2352 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 21-006; ESTABLISHMENT OF A FITNESS FACILITY IN AN EXISTING COMMERCIAL TENANT SPACE; LOCATION — 134 NELSON STREET.; APPLICANT — TARA WARWICK, TARAFIED FITNESS, LLC. WHEREAS, the applicant has filed Conditional Use Permit 21-006 to establish a 1,035 square -foot fitness studio in the Village Mixed Use zoning district; and WHEREAS, the Staff Advisory Committee reviewed the project on August 26, 2021 and recommended approval of the project; and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for the Implementation of CEQA and determined that the project is categorically exempt per Section 15301(a) of the CEQA Guidelines regarding existing facilities; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on September 7, 2021; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed establishment of a fitness facility is allowed in the Village Mixed Use (VMU) zoning district with the approval of a Conditional Use Permit pursuant to Section 16.36.030 of the Municipal Code and the existing structure is consistent with development standards for the VMU zoning district per Municipal Code Section 16.36.020. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed use of a fitness facility would not impair the integrity or character of the Village Mixed Use (VMU) zoning district, as it is consistent with the stated purpose of the VMU zoning district pursuant to RESOLUTION NO. 21-2352 PAGE 2 Municipal Code Section 16.36.020(D) by providing a use that meets an unmet community need. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for a fitness studio, as the existing structure currently meets applicable development standards relating to building height, setbacks, lot coverage and landscaping. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The existing structure and proposed use meet the adequate provisions for all utilities and services necessary to ensure public health and safety. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed use will not be detrimental to the public health, safety or welfare, nor will it be materially injurious to properties or improvements in the vicinity as it will comply with all applicable codes, standards, and conditions of approval developed for this project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 21-006, as presented to the Planning Commission on September 7, 2021 and shown in Exhibit "B", attached hereto and incorporated herein by this reference as though set forth in full, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Vice Chair Schiro, seconded by Commissioner Maraviglia, and by the following roll call vote, to wit: AYES: Schiro, Maraviglia, Buchanan, Guthrie and Martin NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of September 2021. RESOLUTION NO. 21-2352 PAGE 3 6z�( -I-- ALL _ GLENN MARTIN CHAIR ATTEST: & #x - PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: 4w BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 21-2362 PAGE 4 EXHIBIT 'A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 21-006 134 NELSON STREET COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes the establishment of a fitness facility in an existing 1,035 square foot tenant space. 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 21-006. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of (September 7, 2021). 5. The applicant shall agree to indemnify, defend, and hold harmless at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. DEVELOPMENT CODE 6. Development shall conform to the Village Mixed Use zoning requirements except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 16.60. LIGHTING 8. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. RESOLUTION NO. 21-2352 PAGE 5 POLICE DEPARTMENT 9. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary [or robbery] alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT BUILDING CODES 10. The project shall comply with the most recent editions of all California Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 11. Provide complete compliance with State and Federal disabled access requirements. FIRE LANES 12. All necessary fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. GENERAL CONDITIONS 13. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. PERMITS 14. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. FEES 15. Pay all required City fees at the time they are due. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 16. All utilities shall be operational. 17. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works.