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PC R 11-2138 � . RESOLUTION NO. 11-2138 IA RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING APPEAL TO PLANNING COMMISSION CASE NO. 11-002 AND � APPROVING PLOT PLAN REVIEW CASE NO. 11-005 AND . � � � MINOR EXCEPTION CASE NO. 11-002 TO ALLOW THE � � REDUCTION OF ON-SITE PARKING REQUIREMENTS FOR THE USE OF A COMMERCIAL BUILDING IN THE � FAIR OAKS MIXED USE DISTRICT AS A DANCE FITNESS CENTER, APPLIED FOR BY LARRY GARNER AND THE KINSELLA FAMILY TRUST FOR PROPERTY LOCATED AT 930 E. GRAND AVENUE WHEREAS, on June 16, 2011 the Director of Community Development accepted an application for a Plot Plan Review 11-005 applied for by Shelby Bundy. The Plot Plan Review was to establish a dance fitness center in a commercial building in the Fair Oaks Mixed Use district; and WHEREAS, on June 27, 2011 the Director of Community Development accepted an application for a Minor Exception 11-002 applied for by the property owner Peter Keith. �The Minor Exception was to waive on-site parking requirements as the subject property has no space for on-site parking; and WHEREAS, on June 29, 2011 the Director of Community Development approved Plot Plan Review 11-005 and Minor Exception 11-002 based on the respective finding for approval for each permit; and WHEREAS, on July 14, 2011 an appeal of the Director of Community Development's approval of these projects was filed with the Community Development Secretary by Larry � , � Gamer and the Kinsella Family Trust; 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 Implementation of CEQA and has determined that the � Categorical Exemption determined for the project is adequate; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the . project at a duly noticed public hearing on August 2, 2011; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Plot Plan Review Findings: I1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan, . RESOLUTION NO. 11-2138 AUGUST 2, 2011 � PAGE 2 of 6 � Fitness facilities are allowed in the Fair Oaks Mixed Use district with approval of a Plot Plan Review which certifies that the land use or development will satisfy all applicable provisions of the Municipal Code and allows the Director of Community Development to develop reasonable conditions fo ensure this compliance. The approval of a Plot Plan Review also allows the establishment � of land uses fhat do nof require a building permif as well as enables the issuance � � . of a business license for use of property as a commercial business; and . � 2. The proposed project conforms to applicable perFormance standards and will not be detrimental to the public health, safety or general welfare; The Municipal Code mandates performance standarrJs to ensure the public health, safety or general welfare and with the concurrent approval of a Minor . Exception for on-sife parking standards, the existing commercial property meets fhese performance standards. The operation of a dance fitness facility inside an exisfing commercial building is consistent with the surround retail, o�ce, and �tness�facility uses within the Fair Oaks Mixed Use district; and 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood; The subject property is part of a -developed mixed use area thaf includes commercial, residential, and fitness facility uses. Minor Exception Findings: 1. The strict or literal interpretation and enforcement of the specified� regulation would result in practical difficulty or unnecessary physical hardship; � � The subject property is a legally non-conforming property and the strict � : interpretation and enfor�cement of on-site parking requirements would result in . . �the property being unusable; and � � 2. There are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district; � The subject property is unique in that all of fhe usable land is covered by building space or used as an established drive aisle servicing the site and the neighboring property and therefor�e has no on-site parking; and 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the RESOLUTION NO. 11-2138 � � � AUGUST 2, 2011 � . � PAGE 3 of 6 . � � i � same district; The strict or liferal inferpretation and enforcement of the on-site parking requirements would cause the subject property to remain vacant and would not allow for the property owner to lease the site in any fashion; and 4. The granting of the Minor Exception will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same district and will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; The granting of the Minor Exception will not constitute a grant of special privilege due to site specific characteristics that do not apply to other properties in the . same district and will provide a necessary level of flexibility without being detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 5. The granting of a Minor Exception is consistent with the objectives and policies of the General Plan and the intent of Title 16 of the Municipal Code; � � � The objectives and policies of the General Plan are implemented through the Municipal Code and the proposed project is consistent with the purpose and intent of the Minor Exception provisions of the Municipal Code to provide � � flexibility to allow adjustments to development standards that are compatible with � adjoining uses. . . � � NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of AROyo Grande hereby denies Appeal to Planning Commission 11-002 and approves Plot � Plan Review 11-005 and Minor Exception 11-002 based on the above findings and � subject to the conditions as set fo�th in Exhibit "A", attached hereto and incorporated � herein by this reference. � On motion by Commissioner Martin, seconded by Commissioner Sperow and by the following roll call vote, to wit: AYES: Commissioners Martin and Sperow NOES: Chair Ruth ABSENT: Commissioners Barneich and Keen the foregoing Resolution was adopted this 2"d day of August, 2011. � ' � : � RESOLUTION NO. 11-2138 AUGUST 2, 2011 PAG E 4 of 6 - ATTEST: , /.J. ' ' � DEBBIE WEICHINGER ELI BETH RUTH, CHAIR � SECRETARY TO THE COMMISSION AS TO CONTENT: I�1, ` (/l/� � TERESA cCLISH � DIRECTOR OF COMMUNITY DEi��LC3P11AENT RESOLUTION NO. 11-2138 � AUGUST 2, 2011 PAGE�5 of 6 IEXHIBIT "A" � CONDITIONS OF APPROVAL PLOT PLAN REVIEW 11-005 � MINOR EXCEPTION 11-002 � 930 E. GRAND AVENUE PLANNING COMMISSION CONDITIONS: 1 . In accordance with the decision of the Planning Commission on August 2, 201 1 and Development Code Section 16.12.100, the approval of this project � is subject to be reviewed in six (6) months at a public hearing of the Planning Commission in order to ensure the use is not detrimental to the public health, safety, or general welfare. At such time the applicant shall provide the following data to demonstrate compliance with this permit and parking needs: � . • Glass sign-in logs to demonstrate average class size , . , • Weekly class schedules � . � • Approximate number of cars and parking locations per class � � 2. At the time of the six (6) month review the property owner shall report on . � � the status of obtaining a.shared parking agreement. � 3. In accordance with Development Code Section 16.12.110, if at the time of the six (6) month review it is determined by a majority vote of the Planning � Commission that the required findings for Plot Plan Review, particularly number two (2), cannot be made in the affirmative, the permit shall be revoked. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: 4. The applicant shall ascertain and comply with all State, County and. City requirements as are applicable to this project. 5. The applicant shall apply and be approved for a business license before conducting any business on the premises. 6. The applicant shall provide the Community Development Department with . photos of new signage installed in the existing sign poxes within thirty (30) � days of obtaining a business license. 7. The project shall substantially conform to the plans on file in the Community Development Department dated June 15, 201 1 . � 8. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. . The applicant shall reimburse the City, its agents, officers, or employees; for I � . 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 � RESOLUTION NO. 11-2138 AUGUST 2, 2011 PAGE 6 of 6 of any such action but such participation shall not relieve the applicant of his/her obligations under this condition. � 9. ��This permit shall expire on June 29, 2013 unless a business license is issued � for the applicant. BUILDING DEPARTMENT CONDITIONS: � � 10. The applicant shall comply with the current California Codes including the � specifically adopted City of Arroyo Grande provisions. 1 1 . The applicant shall submit a copy of the floor plans to the satisfaction of the Building Official.