2003-0744 – Nicole Delbos [Applicant] Martin K. Kasik [Owner] – Application for a Special Development Permit on a 22,030 square foot site to allow jazzercise classes within an existing commercial building.  The property is located at 141 Taaffe Street in a DSP-1 (Downtown Specific Plan/Subdistrict 1) Zoning District. (APN: 209-07-007) RK

In attendance: Nicole Delbos, Applicant; Trudi Ryan, Administrative Hearing Officer; Ryan Kuchenig, Project Planner; and, Gloria Barron, Recording Secretary. 

Ms. Trudi Ryan, Administrative Hearing Officer, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing.

Ms. Ryan announced the subject application.

Ryan Kuchenig, Project Planner, presented the staff report.  Staff summarized the subject application and noted that a letter was received from a neighboring business concerned with the hours of operation. Staff recommended approval of the Special Development Permit subject to the Conditions of Approval. 

Ms. Ryan asked staff to clarify the concerns of the neighboring business.  Staff responded that the neighbor was concerned about the hours of operation and the facility having a class at 9:00 a.m. Staff clarified that there would be no conflict with the neighboring facility.  Ms. Ryan verified with staff that adjacent to the building were residential uses and asked staff about noise and music concerns.  Staff responded that there was concern and therefore included Condition of Approval #8 which also has hours associated with it.  Ms. Ryan stated that because “Jazzercise” is a trademark she asked staff if it would be appropriate to call the use an “Exercise” use.  Staff agreed.  

Ms. Ryan opened the public hearing.

Nicole Delbos, Applicant, received and reviewed a copy of the staff report.  She stated that some of the classes she teaches were not listed in the report.  She noted that she teaches classes at 6:00 a.m. Monday-Friday and Monday-Thursday she teaches a 4:00p.m.class. Ms. Ryan asked Ms. Delbos if she understood the noise ordinance.  Ms. Delbos responded she did understand the noise ordinance and is aware there is a way to measure noise.   

Ms. Ryan closed the public hearing.

Ms. Ryan approved the Special Development Permit with the Findings provided by staff and noted that the Downtown Specific Plan has been updated with new goals and policies and the proposal is consistent with the recently amended Downtown Specific Plan.  She also approved the Conditions of Approval recommended by staff with a modification that the permit is for exercise use only. 

Ms. Ryan stated that the decision is final unless appealed during the 15-day appeal period.

The meeting was adjourned at 2:21 p.m.

Minutes approved by:

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Trudi Ryan, Planning Officer