HomeMy WebLinkAboutPC 93-52 (307 PCH)1
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P.C. RESOLUTION 93-52
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A PARKING PLAN AND CONDITIONAL USE
PERMIT, TO ALLOW A GYMNASIUM/PHYSICAL FITNESS FACILITY WITH
CLASSES AT 307 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS LOT
2 6, WALTER RANSOM COMPANY'S VENABLE PLACE, AND ADOPTION OF AN
ENVIRONMENTAL NEGATIVE DECLARATION
WHEREAS, the Planning Commission held a public hearing on
August 3, 1993, to receive oral and written testimony regarding
an application for a Parking Plan and Conditional Use Permit
and made the following findings:
A. The applicant is proposing to utilize an existing commercial
building for a gymnasium/physical fitness facility for
training and classes for boxing and related exercise.
B. Less than required parking is justified for this
intensification of use of the building, as the applicant has
demonstrated, pursuant to the Section 1169, Parking Plans,
that adequate parking will be provided and/ or is already
available for customers that need parking for the following
reasons:
1. The location of the business is within a reasonable
distance from residential areas, meaning a portion of its
customers would arrive on foot or bicycie and bicycle ·
racks will be provided to encourage the use of bicycles. ·
2. Because of its location near other commercial destinations
and several public parking areas, customers will often be
sharing their parking trips with other destinations which
they would be visiting anyway, further reducing the
parking impact directly associated with the subjec~
business.
3. The peak hours for use of the facility and the times for
classes are typically off-peak times for the public
parking in the area, and are at times when parking on
P.C.H. is permitted, thus the public parking in the area
should be sufficient to absorb the increased parking
demand.
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C. The proposed use, as amended is appropriate for the subject
location and will be compatible with surrounding commercial
activities along Pacific Coast Highway;
D. Strict compliance with the conditions of approval will
mitigate any negative impact resulting from the issuance of
the parking plan and conditional use permit;
E. The use is consistent with the General Commercial, General
Plan designation;
F. An environmental assessment has been conducted by the Staff
Environmental Review Committee and this project was
determined to qualify for a negative declaration.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California does hereby approve a
Parking Plan and Conditional Use Permit to allow a
gymnasium/physical fitness facility at 307 Pacific Coast Highway
subject to the following conditions which supersede the
conditions of P.C. Resolution 89-5:
SECTION I Specific Conditions of Approval
1. The project shall be substantially consistent with submitted
plans. Any minor modifications to the plan shall be reviewed
and may be approved by the Planning Director.
2. The hours for the use of the facility for individual training
and exercise shall be unrestricted unless c:=omplaints are
received. The hours for holding classes cir training for ·
groups of people ( 3 or more) shall be limited to after 7: o O'
P.M. on weekdays or any hours during weekends. _If there are
complaints about the hours of business operation, the hours
will be set by the Planning Director which may be appealed to
the Planning Commission.
3. A bicycle rack shall be provided on site as shown on plans.
Bicycles shall not be permitted to encroach onto the public
sidewalk.
SECTION II General operating conditions:
1. The exterior of the premises shall be maintained in a neat
and clean manner.
2. The establishment shall not adversely effect the welfare of
the residents, and/or commercial establishments nearby.
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3. Noise emanating from the property shall be within the
limitations prescribed by the city's noise ordinance and
shall not create a nuisance to surrounding residential
neighborhoods, and/or commercial establishments.
4. A manager or employee who is aware of the conditions of this
conditional use permit shall be on the premises during
business hours.
(a) The conditional use permit conditions shall be placed on
the property in a location where employees can easily
read the conditions.
SECTION III
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,
of the conditions of approval is found to be invalid
of law, all the other conditions shall remain
enforceable.
and if any
by a court
valid and
Permittee shall defend, indemnify and hold harmless the City, its
agents, officers, and employees from any claim, actio_n, 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 6590?~ 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 thi~
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
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permittee to cease any development or activity not in full
1 compliance shall be a violation of these conditions.
2 The Conditional Use Permit and Parking Plan shall automatically
expire within one ( 1) year of the date of approval of said
3 entitlements unless permittee and/or owner(s) have commenced
construction of the project, unless an extension to said time
4 period has been granted by the Planning Commission.
5 SECTION IV
6 The Planning Commission may review this Precise Development Plan
and Conditional Use Permit and may amend the subject conditions
7 or impose any new conditions if deemed necessary to mitigate
detrimental effects on the neighborhood resulting from the
8 subject use.
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VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Marks,Merl,Oakes,Chmn.Di Monda
None
None
Comm.Suard
CERTIFICATION
13 I hereby certify the foregoing Resolution P. C. 93-52 is a true
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and complete
Commission of
regular meeti
p/pcrs309
record of the action taken by the Planning
the City of Hermosa Beach, California , at their
AUgust 3,fl-9; ~ // ,?'
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