HomeMy WebLinkAboutPC Resolution 91-67 - (157 Pier Ave)1
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P.C. RESOLUTION 91-67
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, TO ALLOW
THE CHANGE OF USE OF AN EXISTING OFFICE/RETAIL BUILDING TO A
COFFEE HOUSE/SNACK SHOP, AND ADOPTION OF AN ENVIRONMENTAL
NEGATIVE DECLARATION AT 15 7 PIER AVENUE, LEGALLY DESCRIBED AS
LOTS 20 AND 21, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH.
WHEREAS, the Planning Commission held a public hearing on
November 7, 1991, to receive oral and written testimony regarding
an application for a Conditional Use Permit at 157 Pier Avenue
and made the following findings:
A. Coffee Houses are considered as snack shops pursuant to
Planning Commission Policy Statement 91-1 adopted May 21
1991;
B. The food items intended to be sold in conjunction with
coffees are secondary to the primary use of the building and
may also be considered snack items;
C. The proposed use, with the limitations imposed by this
resolution, will not constitute a restaurant and, therefore,
will not generate as much parking demand typically assigned
to a restaurant use;
D. The proposed use is compatible with surrounding commercial
activities along Pier Avenue;
E. Parking is available in both public and private parking
f aci 1 i ties to absorb the increased demand caused by this
change of use;
F. Strict compliance with the conditions of approval will
mitigate any negative impact resulting from the issuance of
the conditional use permit;
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G . The proposed use is consistent with the General Commercial,
General Plan designation;
H. 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
Conditional Use Permit to allow a coffee house/snack shop at 157
Pier Avenue subject to the following:
SECTION I Conditions of Approval
1. The establishment shall be
submitted plans, including
grill, fryer or ovens shall
ovens are acceptable.)
in substantial conformance with
the seating plan. No stove,
be added at any time (microwave
2. The primary emphasis of the business shall be maintained as a
coffee house offering specialty coffees for take-out or
consumption on the premises and secondarily as a snack shop
offering only the fol lowing food i terns: sandwiches,
pastries, cakes, muffins, breads, and beverages such as
juices and teas for sale to be either consumed on or off the
premises.
3 . There shall be no service to the tables and all food for sale
shall be available at the counter.
4. The establishment shall not adversely effect the welfare of
residents, and/or commercial establishments nearby.
5 . The business shall provide adequate management and
supervisory techniques to prevent loud and boisterous
activities of the patrons outs-ide the business or in the
immediate area.
6. An employee who is aware of the
conditional use permit shall be on
business hours.
conditions of this
the premises during
7 . Business hours shall be 1 imited to between 8: 00 A.M. and
midnight on Sunday through Thursday, and between 8: 00 A.M.
and 2:00 A.M. on Fridays and Saturdays.
8 . Trash dumpsters used by this business shall be enclosed per
Building Department requirements. Plans shall be submitted
to the Building Department and permits shal 1 be obtained
prior to construction. Construction of the trash enclosure
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shall be completed within six (6) months from the date of
adoption of this resolution.
9. The exterior of the premises shal 1 be maintained in a neat
and clean manner at all times.
10. All exterior signs shall be approved and permitted by the
Building Department prior to installation.
11. The use of the subject building for the purposes described in
this conditional use permit shal 1 be deemed safe by, and
authorized by the Fire Department and Building and Safety
Department prior to occupancy.
12. This grant shall not be effective for any purposes until the
permi ttee and the owner of the property involved (if other
than the permittee) have filed at the office of the
Department of Planning their affidavit stating that they are
aware of, and agree to accept, all of the conditions of this
grant.
13. The Conditional Use Permit shall be recorded, and proof of
12 recordation shall be submitted to the Planning Department.
13 SECTION II
14 Each of the above conditions is separately enforced, and if any
of the conditions of approval is found to be invalid by a court
15 of law, all the other conditions shall remain valid and
enforceable.
16
Permittee shall defend, indemnify and hold harmless the City, its
17 agents, officers, and employees from any claim, action, or
proceeding against the City or its agents, officers, or employees
18 to attack, set aside, void or annul this permit approval, which
action is brought within the applicable time period of Government
19 Code Section 65907. The City shall promptly notify the permittee
of any claim, action, or proceeding and the City shall cooperate
20 fully in the defense. If the City fails to promptly notify the
permittee of any claim, action or proceeding, or if the City
21 fails to cooperate fully in the defense, the permittee shall not
thereafter be responsible to defend, indemnify, or hold harmless
22 the City.
23 The permittee shall reimburse the City for any court and
attorney's fees which the City may be required to pay as a result
24 of any claim or action brought against the City because of this
grant. Although the permittee is the real party in interest in
25 an action, the City may, at its sole discretion, participate at
its own expense in the defense of the action, but such
26 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 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 deemed necessary to mitigate detrimental effects on the
neighborhood resulting from the subject use.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 91-67 is a true
and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, California, at their
regular meeting of November 7, ~ ,, ~~
rv t ~ hx ~ ~~~~~-
crns tine Ketz, Chairperson Micba~ic; Secretar ~---
'Q,.. c.., :?> ,~ ti J
Date
p/pcrsl57
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