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HomeMy WebLinkAboutPC Resolution 18-10 - (507 Pier Av, True North Cryo)►, .......... oil I w1h cryotherapy use located at 507 Pier Avenue (proposed 1 R PlanningSECTION 2. The Commission conducted . public duly noticed hearing on March 20, 2018, to consider applicationRi 1( "` ! and evidence,both written and oral,. presented to and considered I the x, , Commission. SECTION 3. Based on evidence received at the public hearing, the Plannirm Commission makes following factual I . The site is zoned Specific Plan Area I I (SPA- 11) in which health and fitness (assembly are conditionally permitted P The subjectpreviously occupied Rhome, subjectThe ` is part of . building with 40 feet of frontage alongPier Avenue which includes The Solution, a retail shop, which is located east and adjacent to the subject site. 3. The site is located in the Downtown District and along Pier Avenue which is a resident ! visitorpedestrian-oriented shopping district, and Pier Avenue contains commercialof businesses. True North Cryo will be the first cryotherapy 4 The businesses largelyon public pr and foot trafficpatrons already capacitytraversing the area (and presumably already parked). 5. The and building square footage will not be increased. 6. The entire building does not meet current parking requirements of 12 spaces for retail commercial uses and limited gymnasiums/ health and fitness centers, because there are five existing on -site parking spaces provided !subjectR. along Oak Street. The previous i e and the proposed 1` iR 1 health .d(assemblyr 7. The health and fitness center area is ancillary to the personal service cryotherapy use and shall only be used by the clients receiving treatments and shall not be used as an independent gym facility. SECT10N 4. This project is Categorically Exempt pursuant to Section 15301(a) of the California Environmental Quality Act Existing Facilities, in that the proposal pertains to an existing facility and involves only minor alterations of the interior/exterior and a change of use, The primary personal service and retail uses are permitted in this zone and the ancillary health be compatible with surrounding uses. 1111111pi Section 17.40.020, finding that the use as conditioned will be compatible with the surroundings and all impacts can be reduced to an insignificant level: General Criteria for All Uses 17.40.020 General criteria for all uses A. Distanceftom existing residential uses; The nearest residential unit is located north of the site, across Oak Street within the Marineland Mobile Home facility, zoned MHP Mobile Home Park, and approximately 70 feet from the subject building. The Marineland Mobile Home facty is located on a downward slope from the subject site and approximately 18 feet lower than the elevation at Oak Street which will help to mitigate potential noise impacts to existing residential uses. Conditions of approval are included in the draft resolution to reduce potential noise and vibration impacts to existing nearby residential uses which include: prohibiting personal training and/or group classes, requiring sound dampening mats to be located under all equipment, requiring that the building be equipped with air conditioning and requiring that noise emanating from the property shall comply with the City's noise ordinance. Noise and vibration impacts are detailed further in criteria I below. As conditioned, the proposed use is not anticipated to create adverse impacts to nearby residential uses. B. The amount of existing or proposed off-street parking facilities, and its distance ftom the proposed use; Like most businesses in the downtown, pedestrian -oriented district, this business will largely rely on public parking and foot traffic from patrons already traversing the area (and presumably already parked). Retail commercial uses and gymnasiums/ health and fitness centers which are less than or equal to 3,000 square feet and with less than or equal to 20 students at one time, if classes are offered, must provide I off-street parking space per 250 square feet of gross floor area per HBMC Section 17.44.030. The capacity and building square footage will not be increased. The entire building does not meet current parking requirements of 12 spaces for retail commercial uses and limited gymnasiums/ health and fitness centers, because there are five existing on -site parking spaces provided north of the subject tenant space along Oak Street. The previous retail use and the proposed limited health and fitness (assembly use) ancillary to a new retail and personal service cryotherapy use utilize the same parking ratio of 1 off-street parking space per 250 square feet of gross I'll, 4 1 D "WAIIJIMMMO . UNION lip-14101 =Ot 1=47 IF NO Otromal,caME Is UIRUJIlar'' % 1 0 ' FTIUC UYJVLIICI-d.WJ LNC UIA, SIN only be used by the clients receiving treatments and shall not be used as an independent gym facility. C Location of'and distance to churches, schools, hospitals andpublic playgrounds; Hermosa Valley School is the nearest sensitive receptor at approximately 390 feet from the subject site and nearby parks include Hermosa Beach Skate Park at approximately 550 feet from the subject site and Clark Field at approximately 970 feet from the subject site and churches such as Christian Science Church at approximately 940 feet from the subject site. The proposed uses are not likely to affect nearby sensitive receptors because the health and fitness services are ancillary to the personal service and retail uses and will not disturb sensitive uses because the 673 square foot health and fitness center area is a small component of the operation, all uses will be indoors, and the primary retail and personal service cryotherapy uses are permitted by right. Location use along Front desk/reception counter, shirts at pe estr an (Pier displayed for sale with the True North Cryo ogo, Avenue) frontage oxygen bar with four seats, two Normatec loungers (compression therapy boots) and one stand-alone im act CryoSauna machine. Cryotherapy retail Undl personal service use at rear of building . . ......... . Fitness use at rear mezzanine level UVSTIIX;IM'MTI_11 S- I ISTU11119-19FUM171 1WRIJIllig-Martj IICUILII (MISCIVIS LSCRO, may have the same customer base and already be parked. The new retail and personal service cryotherapy use will preserve commercial land resources while containing an K Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; The use is conditioned to be limited to cardio equipment to reduce noise and vibration impacts to surrounding uses as well as maintaining all fitness activities to within the 673 square foot designated mezzanine area, at the rear of the tenant space. The business owner also proposes sound dampening mats, measuring 3/8 inches thick, to be located under all equipment in the mezzanine level. The use is conditioned to prohibit personal training and/or group classes within the health and fitness center area to ensure the assembly use (fitness) is ancillary and the facility will not function as an independent gym. Three employees are anticipated at the largest shift with two shifts per day. A maximum of eight people are anticipated on -site at peak time. Hours of operation are proposed between 7:00 A.M. and 1100 P.M. daily. Noise and vibration impacts are detailed further in criteria I below. Conditions of approval are included to ensure these precautions are maintained throughout the life of the operation, and as conditioned, the proposed establishment will be compatible with existing surrounding uses. F The relationship of the proposed business -generated traffic volume and the size of streets serving the area; No additional trips are anticipated to be generated from the proposed retail and personal service cryotherapy use with limited and ancillary health and fitness use because the capacity and building square footage will not be increased and the previous retail use and the proposed limited health and fitness (assembly use) ancillary to a new retail and personal service cryotherapy use utilize the same parking ratio of 1 off-street parking space per 250 square feet of gross floor area. Therefore, no additional trips are anticipated for the combination of uses. The health and fitness center area is ancillary to the personal service cryotherapy use and shall only be used by the clients receiving treatments and shall not be used as an independent gym facility. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; Fagade modifications will include new exterior paint, removal of an existing wrought iron railing along the east set of windows and doors, removal of the awning and light fixtures, and new signage. Proposed signage will require a separate sign permit application, the removal of the gooseneck lights will require an electrical permit and removal of the awning will necessitate an encroachment permit for staging of equipment within the public right- of-way, which must be reviewed and approved by the Public Works Department prior to work commencing. The proposed fagade modifications will be compatible with the existing eclectic nature of the architectural styles in the vicinity. H. The number of similar establishments or uses within close proximity to the proposed establishment; The Downtown District is a resident and visitor serving, pedestrian -oriented shopping district, and Pier Avenue contains a mix of commercial businesses. True North Cryo will be the first cryotherapy business in the city. There are two cryotherapy businesses in Redondo Beach, US Cryotherapy and CryoRedondo. CryoWave is located in Manhattan Beach, and Beach Cities Cryo is located in Torrance. True North Cryo will help supplement other businesses that currently operate in Hermosa Beach, including but not limited to, Bikram Yoga, Bionic Body, The Yard Fitness Center, CrossFit Southbay, 24 Hour Fitness and Anytime Fitness. True North Cryo will be a complementary use to the neighboring use, The Solution, which offers post recovery I.V. (intravenous) solutions, vitamins and sports I Noise, odor, dust andlor vibration that may be generated by the proposed use; The business owner proposes cardio equipment to reduce noise and vibration impacts to surrounding uses. The cardio machines generate little noise and vibration impacts as the equipment is stationary, and for both ellipticals and stationary bikes, the user's feet are always in contact with the machine, so there's little to no thumping. In addition, the machine's low -impact motion makes for relatively quiet operations. The tenant space contains a heating, ventilation, and air conditioning system. The five windows on the mezzanine level are single pane slider windows, while the building frontage contains three dual pane fixed storefront windows and five glass doors which swing into the tenant space, and the rear of the tenant space contains one single pane sliding window. Conditions of approval are included in the draft resolution to ensure compatibility of the proposed use with surrounding uses, such as maintaining a neat and clean premises, complying with the City's noise ordinance, as well as maintaining all fitness activities to within the 673 square foot designated mezzanine area at the rear of the tenant space, and that the building shall be equipped with air conditioning to maximize sound proofing. The proposed combination of uses, as conditioned, are not anticipated to increase adverse impacts. J. Impact of the proposed use to the city's infrastructure, andlor services; The existing building is already adequately served by the various utility companies, infrastructure and municipal services, and the proposed use is not anticipated to place additional burden on current infrastructure and services. K Will the establishment contribute to a concentration of similar outlets in the area; The proposed retail and personal service cryotherapy use with limited and ancillary health and fitness use is a similar type use to other outlets in the area such as the neighboring use, The Solution, which offers post recovery I.V. solutions, vitamins and sports drinks. True North Cryo will be the first cryotherapy business in the city and will be complementary to existing similar uses. L. Other considerations that, in thejudgment of'the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. No other issues are identified. 0 1. The continued use of the health and fitness (assembly use) ancillary to a new permitted retail and personal service cryotherapy use shall be substantially consistent with the plans submitted and approved by the Planning Commission on March 20, 2018. Minor modifications that do not affect scale, type, location or intensity of uses or impacts thereof may be approved by the Community Development Director when not in conflict with the findings or conditions of this permit. Jill Any changes to the floor plan, site plan or building exterior which alter the primary function of the business as a retail and personal service cryotherapy use with ancillary health and fitness (assembly use) shall be subject to review and approval by the Planning Commission. I III !!I Jill I 4. Five on -site parking spaces, provided north of the subject tenant space along Oak Street, shall be maintained. 5. Personal training and/or group classes shall be prohibited within the 673 square of health and fitness center area. 6. The health and fitness (assembly use) functions, which generally consist of stationary bikes, Live 02 Oxygen Therapy stations, elliptical machines, and treadmills are limited to the 673 square foot designated mezzanine level, at the rear of the tenant space, as designated on the plans. 7. Sound dampening mats shall be located under all equipment within the health and fitness (assembly use) mezzanine level. 8. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance (Hermosa Beach Municipal Code Chapter 8.24) and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. k. No entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be provided within the front ten (10) feet of the tenant space or situated so as to be clearly visible to the public right-of-way (sidewalk). 10. Management shall be responsible for maintaining noise volumes at reasonable levels. ® The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 12. A manager who is aware of the conditions of this Conditional Use Permit shall be on the premises during business r® The Conditional Use Permit shall be maintained on the premises in a location where employees can easily read the conditions. 13. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 14. The project and operation of the business shall comply with all applicable requirements of the Hermosa Beach Municipal Code. of any liquids, other than Stormwater, onto the public right-of-way, into 7the parki lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash wat shall be limited to the sanitary sewer. 16. Exterior and interior water use shall comply with Chapter 8.56. 17. The operation shall comply with all requirements of the Building, Fire and PubUR Works Departments. I i irlImil F1111FRITTotuol "MaIMMMIl MUTT, 19. Approval of this permit shall expire twenty-four (24) months from the date of apprI val by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. SECIION 7. This permit shall not be effectivefor any purposes until the permittee an the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree accept, all of the conditions of this permit. I 0#1 'MMION I I VOINJ W, a 010111 Eq I of 1_11i .1 11 1 To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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 permit. 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 permit 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. 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 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: Chairman Saemann and Commissioners Flaherty, Hoffman and Rice NOES: ABSENT: Commissioner Pedersen ABSTAIN: CERTIFICATION I hereby certify the foregoing Resolution P.C. 18-10 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, ', i1�6niia, pt-their adjourned regular meeting of March 20, 2018. ,Pe IL Rob Saemann, Chairman sNfAx(.Sot],, Secretary March 20, 2018 Date