HomeMy WebLinkAboutPC 93-17 (131, 133 Pier Ave)1
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P.C. RESOLUTION 93-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PARKING
PLAN, AS AMENDED, TO ALLOW A MARTIAL ARTS STUDIO WITH GROUP
CLASSES AT 131 & 133 PIER AVENUE AND LEGALLY DESCRIBED AS LOT
22, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH.
WHEREAS, the Planning Commission held a public hearing on
March 2, 1993 to consider a request for an amendment to
conditional use permit and parking plan for a 700 square foot
expansion to a martial arts studio and to allow group classes and
made the following findings:
A. The proposal involves expanding the area and changing the
training from exclusively one-on-one to also allow group
classes for up to 15 students on weekday evenings and nights;
B. currently the one-on-one studio is approved with no parking;
in order to compensate for the expansion 11 off-street
parking spaces will be made available. Although this does
not meet parking requirements for the subject use, the
limited class sizes, the availability of public parking, the
limited hours of the group classes, and the provision of
bicycle racks inside the business, will mitigate any parking
impacts on the area;
c. The proposed use is appropriate for the subject area and will
be compatible with surrounding uses;
D. strict compliance with the conditions of approval will
mitigate any negative impacts resulting from the issuance of
the conditional use permit and parking plan amendment;
F. An environmental assessment was conducted by the Staff
Environmental Review Committee and a negative declaration
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has been adopted for the project prior to the proposed
amendment. The amendment qualifies for a negative
declaration pursuant to Section 15301 of the California
Environemntal Quality Act;
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, as amended, to allow a
martial arts studio offering group classes at 131 and 133 Pier
Avenue subject to the following conditions:
SECTION I Conditions of approval:
1, The interior and of the premises and the exterior of the
subject property shall be in substantial conformance with
submitted plans: Minor modifications shall be reviewed and
may be approved by the Planning Director.
2. Martial arts training shall be limited to a maximum class
size of 15 students at any one time.
3. The establishment shall not adversely effect the welfare of
residents, and/or commercial establishments nearby.
4. The exterior of the premises shall be maintained in a neat
and clean manner at all times.·
5. All exterior signs shall be approved and permitted by the
Building Department prior to installation, and shall comply
with the sign ordinance.
6. A minimum of ten (10) off-street parking shall be made
available for patrons within 300 feet of this b~siness, these
spaces shall be available, at· a minimum, durlng· the times
when group classes are offered. A copy of the parking lease,
agreement, or contract with the landlord shall b~ provided,
to the satisfaction of the Planning Director, to ensure that
these parking spaces will be available. If it becomes
necessary to obtain parking from another property owner, a
covenant or contract, duly recorded and running with the land
shall be required.
If at some time in the future parking can no longer be made
available, the City shall be notified, and it shall cause an
immediate review by the Planning Commission whether the group
classes can continue, limited to certain hours, or be
suspended.
7. This grant shall not be ·effective for any purposes until the
permittee and the owner of the property involved have filed
at the office of the Department of Planning their affidavit
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stating that they are aware of, and agree to accept, all of
the conditions of this grant.
8. The Conditional Use Permit and Parking Plan shall be
recorded, and proof of recordation shall be submitted to the
Planning Department.
SECTION II
Each of the above conditions is separately enforced, and if any
of the conditions of approval is found to be invalid by a court
of law, all the other conditions shall remain valid and
enforceable.
Permittee shall defend, indemnify and hold harmless the City, its
agents, officers, and employees from any claim, action, or
proceeding against the City or its agents, officers, or employees
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 not
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.
SECTION III
Any violation of the conditions of approval and/or violation of
the Hermosa Beach Municipal Code may be grounds for a public
hearing for the revocation of the conditional use permit.
The Planning Commission may review this Conditional Use Permit
and may amend the subject conditions or impose any new conditions
if de~med necessary to mitigate detrimental effects on the
neighborhood resulting from the subject use.
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VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Marks,Merl,Oakes,Suard,Chmn.Di Monda
None
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 93-17 is a true
and complete record of 0the action taken by the Planning
Commission of the City of Hermosa Beach, California, at their
rpy r ~ing of March 2, 1~ /°7,~6 -L . ~ /A~~-P✓-~v..~ . / I " / .:.f::__J ,;?'/.-< . • ,
seph Di Monda, Chairman Michaer Schubach , Secretary ---=---
p/pcrs131
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