HomeMy WebLinkAboutPC 94-18 (1559 PCH)\.
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P.C. RESOLUTION 94-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A HEALTH AND FITNESS CENTER (KARATE STUDIO)
AND A PARKING PLAN, PURSUANT TO SECTION 1170 OF THE ZONING
ORDINANCE PERTAINING TO ALLOW REQUIRED PARKING TO BE
REDUCED IN NUMBER WITHIN A SHOPPING CENTER, AT 1559 PACIFIC
COAST HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT 1,
TRACT 9203, AND LOTS 11-18 INCLUSIVE, BLOCK 80, SECOND ADDITION
TO HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on July 5, 1994, to
receive oral and written testimony regarding an application for a Conditional Use Permit
and Parking Plan and made the following findings:
. A.
B.
The proposed use is compatible with surrounding businesses within the Plaza
Hermosa Shopping Center;
Reducing the parking requirement for the subject use to 1 space per 250 square
feet, pursuant to Section 1170 of the zoning code, is justified since the subject
shopping center exceeds 10,000 square feet and contains sufficient parking to
absorb any increased demand caused by the proposal, and further, because the
proposed peak operatin time of the subject use is generally different than the peak
operating times of many of the other businesses which share the same parking;
C. The project is categorically exempt from the requirements of the California
Environmental Quality Act, pursuant to Section 15301 of the CEQA guidelines, as
it involves the minor alteration of an existing facility.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Hermosa Beach, California does hereby approve a Conditional
Use Permit and Parking Plan to allow a health and fitness center (karate
studio) with reduced required parking, subject to the following conditions:
2 7 SECTION I Specific Conditions of Approval
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1. The project shall be substantially consistent with submitted plans. Modifications to
the plan shall be reviewed and may be approved by the Planning Director.
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1 2. The primary emphasis of the subject use shall be to provide the facilities for the
practice and instruction of martial arts, with adult classes in the evenings
and/weekends. Class sizes shall not exceed 25 adults unless authorized by the
Planning Commission.
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4 SECTION II General operating and standard conditions:
5 1. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
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2.
3.
4.
Any significant changes to the use or the interior layout which would alter the
primary emphasis of the business shall be subject to review and approval by the
Planning Commission.
Any violation of the conditions of approval and/or violation of the Hermosa Beach
Municipal Code may be grounds for a public hearing for revocation of the
conditional use permit.
The project and operation of the business·shall comply with all applicable
requirements of the Municipal Code.
SECTION Ill
This grant shall not be effective for any purposes until the permittee and the owners of the
property involved have filed at the office of the Department of Planning their affidavits
stating that they are aware of, and agree to accept, all of the conditions of this grant.
The Conditional Use Permit and Parking Plan shall be recorded, and proof of recordation
shall be submitted to the Planning 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 of law, all the other conditions shall remain valid
an enforceable.
Permittee shall defend, indemnify and hold harmless the City, it agents, officers, 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 Government Code Section 65907. 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 fully 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.
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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.
SECTION IV
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.
VOTE: AYES :
NOES:
ABSENT:
ABSTAIN:
Comms.Dettelbach,Di Monda,Marks, Chmn.Merl
None
Comm.Suard
None
CERTIFICATION
I hereby certify the foregoing Resolution P. C. 94-18 is a true and complete record of the .
action taken by the Planning Commission of the City of Hermosa Beach, California, at
11 · their regular meeting of July 5, 1994. ·
R;JJ.C~an';::;Di Monda
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J---/ 'f .£/ f Vice Chairman
Date
w/pcrs1559
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