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2021-09-07_8a 134 NelsonMEMORANDUM TO: PLANNING COMMISSION FROM: BRIAN PEDROTTI, COMMUNITY DEVELOPMENT DIRECTOR BY: PATRICK HOLUB, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT 21-006; ESTABLISHMENT OF A FITNESS FACILITY IN AN EXISTING COMMERCIAL SPACE; LOCATION – 134 NELSON STREET; APPLICANT – TARA WARWICK, TARAFIED FITNESS, LLC DATE: SEPTEMBER 7, 2021 SUMMARY OF ACTION: Approval by the Planning Commission will result in the establishment of a fitness facility at the subject location. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no direct impacts to City financial and personnel resources with the proposed project. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution (Attachment 1) approving the project. BACKGROUND: Location The subject property is zoned Village Mixed Use (VMU) and is located in the D-2.4 Historic Character Overlay District (Attachment 2). A photography studio previously occupied the commercial space, which is surrounded by residential uses to the north and south and commercial land uses to the east and west. The parcel immediately west of the project site is vacant. ANALYSIS OF ISSUES: Project Description The applicant has submitted an application for a Conditional Use Permit for the use of the tenant space at 134 Nelson Street as a boutique fitness studio called The Peach Pit (Attachment 3). The business will offer reservation-based, appointment-only small fitness classes from between the hours of 6am and 10pm Monday through Friday and between 8am and 8pm Saturday and Sunday. No exterior alterations to the existing structure are proposed. Signage will be considered at a later date and will be reviewed Item 8.a. -- Page 1 PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 21-006 SEPTEMBER 7, 2021 PAGE 2 as a separate application. Due to the building being located within the Historic Character Overlay District, any signage or exterior alterations will also require review by the Architectural Review Committee. Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the proposed project on September 26, 2021. At that time, the SAC discussed the draft conditions of approval. The SAC was in support of the project and developed conditions of approval included in the prepared draft Resolution. At that time, the SAC discussed anticipated water usage, fire safety, hours of operation, and recommendations for alterations to the water service. The SAC was in support of the project and developed conditions of approval included in the prepared Resolution. Municipal Code The subject property is zoned VMU, which allows the establishment of fitness and health facilities with approval of a Conditional Use Permit. The Conditional Use Permit is intended to allow the establishment of uses that have some special potential impacts or whose effects on surrounding environments cannot be determined in advance of the use being proposed. The proposed use will occupy a portion of an existing building that meets all applicable development standards of the VMU zoning district, including those standards for building height, setbacks, floor area ratio and lot coverage. General Plan The General Plan designates the subject property for Village Core land uses. Use of the structure at 134 Nelson Street as a boutique fitness studio is consistent with Policies LU5-1 and LU6-3 of the General Plan Land Use Element, which state: LU5-1: Provide for a diversity of retail and service commercial, offices, residential and other compatible uses that support multiple neighborhoods and the greater community, and reduce the need for external trips to adjacent jurisdictions, by designating Mixed Use areas along and near major arterial streets and at convenient, strategic locations in the community. LU6-3: Office uses are permitted to the extent that they do not become the predominant ground floor use or detract from the overall pedestrian character. Civic offices and meeting facilities, as well as public park and recreational uses are encouraged within and adjoining the VC area. The proposed project is also consistent with the goals of the General Plan Economic Development Element by providing an unmet community need in the form of a recreational fitness facility. Parking Item 8.a. -- Page 2 PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 21-006 SEPTEMBER 7, 2021 PAGE 3 In the VMU and Village Core Downtown zoning districts, parking for retail, services, bars and restaurants is required at a rate of one space per 300 square-feet of publically accessible floor area, excluding restrooms. The project proposes the establishment of the fitness studio within a 1,035 square foot portion of the existing commercial space. Of this total space, only 806 square-feet of floor area will be publically accessible. The remaining 229 square-feet are not considered publically accessible space for the purpose of the parking calculation and comprise the building’s restroom and back office for use solely by the applicant. The application of the parking rate to the 806 square-feet of publically accessible space results in the requirement to provide a total of three (3) parking spaces. The parking lot to the south of the building is shared among the tenants of the building. The parking lot is of sufficient size to meet the requirements of the entire property, therefore, no off-site parking agreements nor shared parking reductions are sought at this time, although they may be pursued at a later date depending on the future tenants. ALTERNATIVES: The following alternatives are provided for the Planning Commission’s consideration: 1.Adopt the attached Resolution approving Conditional Use Permit 21-006. 2.Modify and adopt the attached Resolution approving Conditional Use Permit 21- 006; 3.Do not adopt the attached Resolution, provide specific findings, and direct staff to return with a Resolution denying Conditional Use Permit 21-006; or 4.Provide direction to staff. ADVANTAGES: The proposed land use represents a service category and community need that is currently not being provided within the Village. The proposal will allow a resident-serving business to occupy a currently vacant commercial tenant space. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Procedures for the Implementation of CEQA and determined that to be categorically exempt per Section 15301(a) of the CEQA Guidelines regarding existing facilities. PUBLIC NOTIFICATION AND COMMENTS: A notice of public hearing was mailed to all property owners within 300’ of the project site, was published in The Tribune, and posted at City Hall and on the City’s website on Friday, August 27, 2021. A sign announcing the public hearing was posted at the project site on Tuesday August 24, 2021, in accordance with City policy. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. At the time of report publication, no comments have been received. Item 8.a. -- Page 3 PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 21-006 SEPTEMBER 7, 2021 PAGE 4 Attachment: 1.Draft Resolution 2.Location Map 3.Project plans Item 8.a. -- Page 4 RESOLUTION NO. 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: 1.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 Municipal Item 8.a. -- Page 5 RESOLUTION NO. PAGE 2 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 Commissioner ________, seconded by Commissioner _______, and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 7th day of September 2021. Item 8.a. -- Page 6 RESOLUTION NO. PAGE 3 _______________________________ GLENN MARTIN CHAIR ATTEST: _______________________________ PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: _______________________________ BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR Item 8.a. -- Page 7 RESOLUTION NO. 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. Item 8.a. -- Page 8 RESOLUTION NO. 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. Item 8.a. -- Page 9 Item 8.a. -- Page 10 Item 8.a. -- Page 11 Item 8.a. -- Page 12 Item 8.a. -- Page 13