HomeMy WebLinkAboutPC Resolution 91-80 - (1095 Aviation)-, 1
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RESOLUTION P.C. 91-80
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ALLOW COMMON
PARKING BETWEEN 1095 AND 1063 AVIATION BOULEVARD THEREBY ALLOWING
A 151 SQUARE FOOT ADDITION TO AN EXISTING RESTAURANT AT 1095
AVIATION BOULEVARD ON PROPERTY LEGALLY DESCRIBED AS LOT 54,
HERMOSA HEIGHTS TRACT, AND ENVIRONMENTAL NEGATIVE DECLARATION.
WHEREAS, the Planning Commission held a public bearing on the
proposed parking plan on December 3, 1991, and made the following
Findings:
A. The subject property contains 2000 square feet, 584 square
feet of which is used for restaurant purposes, and is
nonconforming to parking as no parking is available, however,
the proposed addition is for kitchen expansion and a bathroom
and does not increase seating capacity;
B. The proposed common parking between the subject property and
the church at 1063 Aviation is acceptable under the terms of
Section 1154, Common Parking Facilities;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California, does hereby approve the
requested parking plan subject to the following:
SECTION I -Conditions of Approval:
1. A nonrevokable covenant or contract must be entered into
between the owner of the property containing the subject
restaurant (1095 Aviation) and the owner of the property at
1063 Aviation to ensure the use of at least seven (7) parking
spaces at 1063 Aviation. Said covenant or contract shall be
recorded with the County Clerk and a copy shal 1 be kept on
file in the Planning Department.
2. The store-front shall be rehabilited to the satisfaction of
the Planning Commission. A store-front plan, including
description of materials and all signage shall be submitted
for review and approval by the Planning Commission.
SECTION II
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
val id and
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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, o f f i cers, or employees
to attack, set aside, void or annul this pe r mit 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 parking plan.
The Planning Commission may review this Parking Plan 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:
Comms.Di Monda,Merl,Chmn.Ketz
Comms.Marks,Suard
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P. C. 91-80 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 December 3, 1 ~~
)4 ~
Chr i st i ne Ketz, Cfla i rman
p/pcrs1095