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HomeMy WebLinkAboutPC Resolution 18-24 - (CUP Limited Health & Fitness) 1332 Hermosa AvenueNINE! SECTION 1. An application was filed by Julianne Poblete with "EBB & Flow Concierge Fitness", seeking approval of a limited health and fitness (assembly use) located at 1332 Hermosa Avenue, Suites 8 and 9 (proposed EBB & Flow). SEC"I'lON 2. The Planning Commission conducted a duly noticed public hearing on August 21, 2018, to consider the application for Conditional Use Permit 18-8 at which time testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. SELT,ION 3. The proposed project is Categorically Exempt from the Califomia Environmental Quality Act as defined in Section 15303(c), Class 3 Exemption, New Construction or Conversion of Small Structures because the proposal pertains to an existing structure and involves only minor alterations to the interior of the structure. Moreover, none of the exceptions to the Categorical Exemption apply. SECT10N 4. Based on the foregoing factual findings the Planning Commission makes the following findings for the Conditional Use Permit pursuant to Hermosa Beach Municipal Code Section 17.40.020, finding that the use as conditioned will be compatible with the surroundings and all impacts can be reduced to an insigncant level: 17.40.020 General criteria for all uses 7-5i7s-t�n-ceftom existing residential uses: The nearest residential uses are located north of 14th Street, within the R-3 Multiple Family residential zone and a roximately I 10 feet from the tenant sr)ace wall. Cogdditions of a Droval are WS, I Cr Lill c4fX1.9lile! li&Jtlrlll& boullu 5 llullme IRL, requiring that the building be equipped with air conditioning and requiring that noise emanating from the property 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 ®r proposed off-street parking facilities, and its distance ftom the proposed use: The proposed location in the downtown, pedestrian -oriented district, will rely on public parking the existing multi -tenant commercial building has no existing on -site parking and does not meet the current parking requirements. Businesses within the existing commercial building utilize surrounding parking lots located within the Downtown District. Likewise, the proposed health and fitness facility anticipates its clients will utilize surrounding parking lots located within the Downtown District. Due to the lack of on -site parking, the existing bung is considered a non- conforming structure. Pursuant to the Hermosa Beach Municipal Code Section 17.44.030. gymnasiums/health and fitness centers with 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 shall have I parking space per 250 square feet of gross floor area. The previous medical office use required I parking space per 200 square feet of gross floor area; thus, the facility is less parking intensive than the previous medical office use and will brin the existin non-conforminyi&.ructurt-x!QseLia requirements. The fitness facility will have two to three employees with a maximum of seven to eight people on site, whereas the previous business employed four to five employees with a maximum of eight to nine people on site. The tenant space square footage will not be increased. As such, no additional parking is required for the proposed assembly use. C Location of and distance to churches, schools, hospitals andpublic playgrounds: Noble Park is the nearest of these types of sensitive receptors at approximately 428 feet from the rolect site. The DroDosed assembl, use will not likelm to affect Noble Park or other nark -, 2..r IgLIju -0, [ILI W-LI I I act'l MVI ncs I or LIIC "O'l-UPOSCU-nuicss IdU111'j strictly indoors within suite 8 & 9. D. The combination of uses propose& The entire 850 square foot suite (suites 8 & 9) will be dedicated to the fitness facility and will not be combined with any other uses. The tenant space is located within a multi -tenant commercial building with a variety of commercial uses such as general offices and restaurants. The proposed use, as conditioned, is anticipated to have minimal impacts because impacts such as noise and garki are minimized. Noise and vibration im-,Qacts and miti a ions are detailed further in criteria I below, while parking is detailed in criteria B above. K Precautions taken by the owner or operator compatibility of'the use with surrounding uses: The business owner proposes a maximum of th maximum of eight people are anticipated on -sit* ee employees during their largest shift and a at peak time. The business owner proposes to install PLAE sports flooring (attack turf) under all equipment in the cardio room (suite 8) and sound dampening mats, measuring two inches thick, under all weight training equipment in the strength training room (suite 9). The tenant space has a total of three fixed windows and two entire doors, which the business proposes to have closed during all operational hours. Noise and vibration impacts are detailed further in criteria I below. These precautions are all intended to minimize impacts related to noise, vibration and parking. Conditions of approval are included to ensure these that the proposed establishment will be compatible with existing surrounding uses. E The relationship of the proposed business -generated traffic volume and the size of streets serving the area: the capacity of the tenant space is not anticipated to increase and building square tootage will not increase. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: There are no proposed exterior fags de modifications as part of the request. All proposed sib age will require a separate sign permit application. H. The number of similar establishments or uses within close proximity to the proposed establishment: There are several health and fitness facilities located within the Downtown District. Fitness facilities are community -serving uses, and their proximity among other commercial uses facilitates the park -once strategy in the Downtown and encourages further commercial activity in the area, as fitness patrons may easily frequent the local restaurants and retail shops before/after their workout. This location is also within walking distance of many residences in the community. As such, the propose use is complementary. I Noise, odor, dust andlor vibration that may be generated by the proposed use: The proposal is to designate suite 8 for cardiovascular exercise and suite 9 for strength trainin Ric a6sc-m1' to surrounding uses, such as an exercise sled, wall mounted hangers, exercise ropes, and leath medicine balls. PLAE sports flooring (attack turf) will also be installed in the cardio room (sui 8) to absorb shock and sound that may be created by the proposed actives. The other half of t tenant space (suite 9) will be designated as the weight area or "strength room." The proposal is utilize rubber weight equipment to help reduce noise impacts. The proposed strength equipme includes rubber dumbbells, wall mounted rack, rubber bumper plates, and foam PLYO boxes. T proposal also includes to installation of sterling athletic sound rubber tile in the strength roo (suite 9) to control audible sound transmissions. The proposal is to keep all doors closed duri business hours in order to reduce noise impacts and ensure the privacy of their clients. The ten s ace has existin 'r-conditioning-and-ventilation-whi- i ti e s J Impact of the proposed use to the city's infrastructure, andlor services: Viamw,&QtJ�4 Vivit&* and municipal services, and the proposed use is not anticipated to place additional burden on current infrastructure and services. 0 K Will the establishment contribute to a concentration ofsimilar outlets in the area: The proposed health and fitness use is similar to other fitness facilities in the area such as the neighboring use, Karmice Energy Pilates, which offers group fitness classes. While there has been are typically community -serving uses that support Hermosa Beach's health conscious beach culture and a, goals and policies of PLAN Hermosa. The proposed fitness facility has also been conditioned to ensure compatibility with surrounding uses and to mitigate potential parking, noises and vibration impacts. L. Other considerations that, in thejudgment ofthe Planning Commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. No other issues are identified. SECTION 5. Based on the foregoing, the Planning Commission hereby approves the requested Conditional Use Permit, subject to the following Conditions of Approval: C The proposed project shall be substantially consistent with plans submitted and approved by the Planning Commission on August 21, 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 or the Municipal Code. Any substantial deviation must be reviewed and approved by the Planning Commission. 2. The hours ®f operation shall be limited t® between 6:00 A.M. and 10:00 P.M. daily. 3. All health and fitness (assembly use) activities/functions, which generally includes equipment consisting of leather medicine balls, rubber dumbbells, a wall mounted rack, rubber bumper plates, exercise rope, and an exercise sled shall be limited to the interior of the 850 square foot tenant space, as designated on plans. f. Weight dropping shall be strictly prohibited, and signage so indicating shall be posted throughout the tenant space, to the satisfaction of the Community Development Director. 7. 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. 8. Management shall be responsible for maintaining noise volumes at reasonabl-T levels. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. my WEIVMA�I the premises during business hours. The Conditional Use Permit shall be maintained on the premises in a location where employees can easily read the conditions. I 11. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 1.2. The project and operation of the business shall comply with all applicable requirements of the Hermosa Beach Municipal Code. of any liquids, other than Storm water, onto the public right-of-way, into the parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. 15. The operation shall comply with all requirements of the Building, Fire and Public Works Departments. I V4111i tilt V"f1J'r1tR%1_CCC Beach and regulatory agency requirements and standards, including but not limited to: California Disabled Access Standards (Government Code Title 24) and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). 17. Approval of this permit shall expire twenty-four (24) months from the date of approval 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. SECTION 7., T is permit s not e e ective or any purposes unti e perm ttee and 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 to accept, all of the conditions of this permit. PILS'lli.ill'o.mu,A*r,mi�wArollit4,,uw,w=4,l,dKojmrtm2m-- ul W401,110111 LAU, I'M tru 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") -yr.%9�k--g, r�,arties 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 attomey'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, the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in ftill 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 wn 90 days after the final decision by the City Council. VOTE: AYES: 5 — Commissioners Pedersen, Sae mann, Hoffman, Flaherty and Chairperson Rice NOES: none ABSENT: none ABSTAIN: one I hereby certify the foregoing Resolution P.C. 18-24 is a true and complete record of the action taken by the Planning Commission oft e City of Hermosa each, 0a li fbrpia, at their adjourned r r meeting of August 21, 2018 --------M------ ---------- aria Rice, Chairperson 4,Niuoii, Secretary August 21 4 2018 ................ . . . .......... . Date