CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

April 12, 2017

To: Chair Goodhue and Planning Commissioners

From: Marc Wiener, AICP, Community Planning and Building Director

Submitted by: Catherine Tarone, Assistant Planner

Subject: Consideration of a Use Permit (UP 17-105) application to establish a

pilates fitness studio located in the Central Commercial (CC) Zoning
District

Application: UP 17-105 APN: 010-146-008

Location: Northeast Dolores Street, between Ocean and 7th Avenue
Block: 76 Lot: 18
Applicant: Jenna Fortuna Property Owner: Zigmont J. Le Towt

Executive Summary: The applicant has submitted a Use Permit application for the
establishment of a pilates fitness studio. A Use Permit application is required for all businesses
classified as offering Personal Improvement Services due to potential noise impacts from the
playing of music or the hours of operation.

Recommendation:

Approve Use Permit (UP 17-105) subject to the attached findings and conditions

Background and Project Description:

The proposed business will be located in the Tuck Box courtyard on the east side of Dolores
Street, between Ocean and 7th Avenue in the Central Commercial (CC) Zoning District. The
applicant is proposing to open M.O.O.D. Inferno Hot Pilates, a pilates fitness studio, in a 1,353
square-foot commercial space located in a courtyard between the Tuck Box Restaurant and
Prestige Hat Company.

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UP 17-105 (M.O.O.D Inferno Hot Pilates)
April 12, 2017
Staff Report
Page 2

The applicant is not proposing any ancillary sales of merchandise or exercise equipment. The
proposed pilates studio will offer 60-minute, 8-person exercise classes in a room heated to 95
degrees farenheit with 40% humidity. The proposed hours of operation are Monday through
Friday, 7:00 am to 8:00 pm and Saturdays will be available to clients for private sessions. The
60-minute classes are proposed to take place at 9:00 am, 10:00 am, 12:00 pm, 4:00 pm and
7:00 pm. The applicant has submitted a business description included as Attachment D.

Staff Analysis:

Fitness Studio Use Permit: The proposed pilates studio will be located in the Central
Commercial (CC) Zoning District, in which Personal Improvement Service businesses are a
conditionally-permitted use. According to CMC Section 17.68.030, a business offering personal
improvement services "provides instructional services or facilities, including photography, fine
arts, crafts, dance or music studios, driving schools, diet centers, reducing salons, and fitness
studios."

The Municipal Code requires an acoustical analysis and a limit on the hours of operation to 9:00
p.m. for dance studios, but does not set particular requirements for fitness studios. The
proposed pilates studio use is a less intense use than a dance studio or types of fitness studios,
which may include spin classes, step classes and other activities accompanied by loud music.
The pilates studio is proposed to have music playing as background to the business owner's
instruction. According to a letter submitted by the applicant (Attachment D), the music will not
be audible from the exterior of the building. Nevertheless, a condition has been drafted
requiring staff to meet with the applicant to determine acceptable acoustic levels.

Staff does not anticipate an issue regarding noise impacts since the studio is located back from
the street within a courtyard. There are no upstairs residential uses immediately above the
proposed pilates studio. There appear to be second-story apartment uses on the neighboring
property immediately to the north as well as across the street (see Attachment A for
photographs). If the Planning Commission feels that these adjacent residential apartments are
a concern, it may consider limiting the hours of operation. Staff recommends approval of this
application as per the attached conditions.

Environmental Review: The application qualifies for a Class 3 Categorical Exemption from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the
State CEQA Guidelines. Class 3 exemptions include projects involving limited new construction
projects and conversion of small structures.

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UP 17-105 (M.O.O.D Inferno Hot Pilates)
April 12, 2017
Staff Report
Page 3

ATTACHMENTS:
Attachment A Site Photographs
Attachment B Findings for Approval
Attachment C Conditions of Approval
Attachment D Letter from the Applicant

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Attachment A - M.O.O.D. Inferno Hot Pilates Photographs

Tuck Box Courtyard Front (west) elevation of the existing building

Adjacent Uses to the south

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Adjacent Uses to the north

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Attachment B Findings for Approval

UP 17-105 (M.O.O.D Inferno Hot Pilates)

April 12, 2017
Findings for Approval

FINDINGS REQUIRED FOR FINAL DESIGN STUDY APPROVAL (CMC 17.64.8 and LUP Policy P1-45)
For each of the required design study findings listed below, staff has indicated whether the
submitted plans support adoption of the findings. For all findings checked "no" the staff report
discusses the issues to facilitate the Planning Commission decision-making.
Use Permit - General Findings YES NO
1. The proposed use is not in conflict with the General Plan.
2. The proposed use will comply with all applicable zoning standards.
3. The granting of the Use Permit will not set a precedent for the approval of similar
uses whose incremental effect will be detrimental to the City, or will be in conflict
with the General Plan.
4. The proposed use will not make excessive demands on the provision of public
services, including water supply, sewer capacity, energy supply, communication
facilities, police protection, street capacity and fire protection.
5. The proposed use will not be injurious to public health, safety or welfare and
provides adequate ingress and egress.
6. The proposed use will be compatible with surrounding land uses and will not
conflict with the purpose established for the district within which it will be located.

7. The proposed use will not generate adverse impacts affecting health, safety, or
welfare of neighboring properties or uses.
Commercial Use Permits General Findings:
8. Allowing the proposed use will not conflict with the Citys goal of achieving and

maintaining a balanced mix of uses that serve the needs of both local and nonlocal
populations.
9. The proposed use will provide adequate ingress and egress to and from the

proposed location.
10. The capacity of surrounding streets is adequate to serve the automobile and
delivery truck traffic generated by the proposed use.

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Attachment C Conditions of Approval

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

CONDITIONS OF APPROVAL

UP 17-105 (M.O.O.D. Inferno Hot Pilates)

Jenna Fortuna
Northeast Dolores Street, between Ocean and 7th Avenue
Block 76; Lot 18
APN: 010-146-008

PROJECT DESCRIPTION:
Consideration of a Use Permit (UP 17-105) to establish a pilates fitness studio located in the
Central Commercial (CC) Zoning District.

STANDARD CONDITIONS

1. This permit authorizes the use of a commercial business space as a pilates fitness studio.

2. The use shall be conducted in a manner consistent with the presentations and
statements submitted in the application and at the public hearing, and any change in
the use which would alter the findings or conditions adopted as part of this permit shall
require approval of a new Use Permit by the City.

3. This Use Permit shall become void and in no further force or effect if the use is not
initiated within six months of the issuance of the Certificate of Occupancy from the
Building Official.

4. Violations of the terms of this Use Permit or other ordinances of the City may constitute
grounds for revocation of this Use Permit and the associated business license by the
Planning Commission.

5. A summary sheet of basic Use Permit requirements (allowed days, allowed hours,
special mitigations) shall be posted on the premises or shall be available upon request
by any enforcement officer of the City.

6. The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless the
City, its public officials, officers, employees, and assigns, from any liability; and shall
reimburse the City for any expense incurred, resulting from, or in connection with any
project approvals. This includes any appeal, claim, suit, or other legal proceeding, to
attack, set aside, void, or annul any project approval. The City shall promptly notify the
applicant of any legal proceeding, and shall cooperate fully in the defense. The City
may, at its sole discretion, participate in any such legal action, but participation shall not

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UP 17-105 (M.O.O.D. Inferno Hot Pilates)
April 12, 2017
Conditions of Approval
Page 3

relieve the applicant of any obligation under this condition. Should any party bring any
legal action in connection with this project, the Superior Court of the County of
Monterey, California, shall be the situs and have jurisdiction for the resolution of all
such actions by the parties hereto.

SPECIAL CONDITIONS:

7. The hours of operation shall be from 7:00 am to 8:00 pm Monday through Friday, and
Saturdays are proposed to be available to clients for private sessions.

8. Prior to opening staff will conduct an on-site acoustical analysis with the business owner
to determined acceptable noise levels.

*Acknowledgement and acceptance of conditions of approval.

_____________________ _________________ ___________

Applicant Signature Printed Name Date

______________________ _________________ ___________

Property Owner Signature Printed Name Date

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Attachment D - Applicant Letter

Project Description:

I am proposing to have an Inferno Hot Pilates Studio on Dolores Street, between Ocean Street and 7th
Avenue. The location is set back from Dolores Street in between "The Tuck Box" restaurant and "Prestige
Hat Company" M.O.O.D. Inferno Hot Pilates will offer students a 60 minute, high intensity, low impact
workout in a room heated to 95 degrees fahrenheit with 40% humidity. This class is safe for all fitness
levels and modifications are offered to meet the needs of everyone. Inferno Hot Pilates isn't offered
anywhere within an hour or more from Carmel-by-the-Sea, which makes it unique and intriguing to all.
Especially considering how cold Carmel can be and how active residents and visitors are, the studio will be
the perfect addition to Carmel-by-the-Sea. It will be a place for students to relax and increase their
flexibility and strength to provide overall health, and physical healing, and well being.

Class Times/Hours of operation:

Monday-Friday 7am-8pm and Saturdays will be available to clients for the option to book a private
session.
60-minute classes will take place at 9am, lOam, 12pm, 4pm, 5:30pm, 7pm
Class size: 8 students per class

The music that will be played is a playlist of mixed music from an application called "Fit Radio." The music
is background to my instruction to keep the students motivated and moving through the exercises. It will
not be audible from the exterior of the building to maintain the ambiance of Carmel-by-the-Sea.

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