HomeMy WebLinkAboutPC Resolution 05-64 - (407 PCH)2
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P.C. RESOLUTION 05-64
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW A MASSAGE THERAPY BUSINESS AT 407
PACIFIC COAST HIGHWAY
Section 1. An application was filed by Ana Vietta to allow a massage therapy business
pursuant to Sections 17.26.030, and 17.40.160, and Chapter 5. 74 of the Municipal Code.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the application for the Conditional Use Permit on October 18, 2005; at which testimony and
evidence, both written and oral, was presented to and considered by the Planning Commission
Section 3. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. The site is zoned C-3 allowing the proposed massage therapy business with a
Conditional Use Permit.
2. Standard conditions of a Conditional Use Permit for conducting a massage therapy
business are contained in Section 17.40.160 of the Zoning Ordinance,
3. Licensing, application, training and education, facilities requirements, conduct of
business and conditions for issuance of a business license are all contained in Chapter 5. 7 4 to
regulate the operations of the massage therapy business.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application to amend the Conditional Use Permit:
1. The site is zoned C-3 , and the location within a commercial building along the P.C.H.
Commercial Corridor is suitable for the proposed business.
2. The imposition of conditions as contained in this resolution as required by the
Municipal Code to address and prevent inappropriate behavior and to require proper hygiene will
mitigate any concerns associated with this type of business.
3. This project is Categorically Exempt pursuant to 15301, Class 1 of the California
Environmental Quality Act Guidelines alterations to existing facilities.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
25 Conditional Use Permit subject to the following Conditions of Approval:
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1. Interior alterations to the building shall be consistent with the plans reviewed by th
Planning Commission at their meeting of October 18, 2005, and revised to clearl
indicate, separate cabinets for storage of soiled and sanitary towel and linens, an
specifying the types of tables and chairs used in the massage rooms.
2. A licensed Massage Therapist, pursuant to Chapter 5. 74 of the Hermosa Beach
Municipal Code, shall be on the premises at all times when the business is open. The
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business may employ technicians or aides only if supervised by a licensed Massage
Therapist.
3. Management shall adopt, inform patrons and employees of, and strictly enforce all
requirements of the Conditional Use Permit and all regulations as set forth in
Chapter 5.74.
4. Hours of operation shall be limited to between 7:00 A.M. and 10:00 P.M.
5. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
6. Any changes to the interior layout that would alter the primary function of the business
shall be subject to review and approval by the Planning Commission.
7. The project and operation of the business shall comply with all applicable requirements
of the Municipal Code.
Section 6. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed a the office of the Planning Division of the Community
Development Department their affidavits stating that they are aware of, and agree to accept, all of the
conditions of this grant.
The Conditional Use Permit shall be recorded, and proof ofrecordation shall be submitted to
the Community Development Department.
Each of the above conditions is separately enforced, and if one of the conditions of approval
is found to be invalid by a court oflaw, all the other conditions shall remain valid and enforceable.
Permittee shall defend, indemnify and hold harmless the City, it agents, officer~, and
employees from any claim, action, or proceeding against the City or its agents, officers, or employee
to attack, set aside, void or annul this permit approval, which action is brought within the applicable
time period of the State Government Code. The City shall promptly notify the permittee of any
claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to
promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate full
in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless
the City.
The permittee shall reimburse the City for any court and attorney's fees which the City may
be required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole discretion,
participate at its own expense in the defense of the action, but such participation shall not relieve the
permittee of any obligation under this condition.
The subject property shall be developed, maintained and operated in full compliance with the
conditions of this grant and any law, statute, ordinance or other regulation applicable to any
development or activity on the subject property. Failure of the permittee to cease any development
or activity not in full compliance shall be a violation of these conditions.
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The Planning Commission may review this Conditional Use Permit and may amend the
subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects
on the neighborhood resulting from the subject use.
Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to th
decision of the Planning Commission," after a formal appeal to the City Council, must be made wi
90 days after the final decision by the City Council.
VOTE: AYES:
NOES:
ABSENT:
ABSTAIN:
Allen, Hoffman, Kersenboom, Perrotti
None
Pizer
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 05-64 is a true and complete record of the action taken
by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of
October 18, 2005.
e-Chairman
Date October 18, 2005
F:\B95\CD\PC\2005\l 0-18-05\CUP407pch-reso.doc
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