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
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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.