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Home My WebLink AboutPC Resolution 154-602Name: Pla nn ing Commission To Permit: Amendment of Ordinance N.S. 154 January 9, l 967 Date : RESOLUT I ON NO. P.C. 154-602 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING TO THE CITY COUNCIL AMENDMENT OF ZONING ORDINANCE N.S. 154 BY AMEND ING THEREIN SUBSECTION 4 TO SECTION 801 OF SAID ORDINANCE RELATING TO ISSUANCE OF COND ITIONA L USE PERMI TS FOR CERTAIN USES I N THE COMMERCIAL ZONES SET FORTH IN ARTICLE 8 OF SAID ORDINANCE AS AMENDED, PROVIDING UNDER CERTAIN CONDITIONS EXEMPTIONS OF THE REQUIREMENT OF A CONDITIONAL USE PERMIT IN A C-3 GENERAL AND HIGHWAY COMMERCIAL DI STRICT. THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH DOES RESO LVE AS FOLLOWS: WHEREAS, under the provisions of Ordinance N.S. 154, Section 1501, th e Planning Commission did, on December 12, 1966, adopt Resolution of In t ention P.C. 154-599 to consider a review of temporary in terim Ordinance N.S. 289, which am ended Ordinance No, N.S. 154, as ame nded, sa id ordinance relating to i ssuanc e of Conditional Use permits for certain uses in the comme rcial zones and to f ur t he r cons id er the amendment o f Ordinance N.S . 154 to prov ide better zoning use controls for the sale of alcoholic bever ages for consumption upon the premises; and WHEREAS, it was dete rmined that the pu rpo se and intent of the Zoning Ordinance is that due consideration be given for the ec onomi c welfare and balanced use of th e limited commerc ial zon e d areas of th e City of Hermosa Beach; a nd WHEREAS, to assure that the uses permi tted in the commerc i a l area sha ll no t be or become detriment al to res identi al use with or adjacent to comme r c ial zon es; an d WH ER EAS, a s the Planni ng Commission in the i r review and study d i d find that it was necess ary to require special consider~ti~n in the location of on -sal e liquor e sta blishment s, to ass ure compa ti bility wi t h th e su rr ou ndi ng commer c ial and resid e ntial areas, prov ide assurance of property right s of re sidents in a djo i ning zo nes and preserve the residential l and va l ues and the morals, safety and welfare of the gene ral public . NOW, THEREFORE ,BE IT RESOLVED tha t, in view of the findings at sai d hearing, th e Planning Commission recommend to the City Coun ci l of t he City of Hermo sa amend Ordinance N.S. 154 as follows : Ame nd sub-s ection 11411 of Sec tion 801, Li mitat ions on Permi t ted Uses in 11C11 zon es as amended, by adding paragrap h 4 to r ead as follGWs: (1) Se ction 801 (4) No establishment for t he sale of a lcoholic beverages, as defined in Secti on 5-34, De f initions, of Arti cle I V Alcoholic Bevera ges, of the Code of t he City of Hermos a Beach, Ca li fornia , adopt ed by Ordinanc e No. N.S. 256 on Fe bruary 5, 1963, f or con sumpt ion upon th e pr emis es at which said alco holi c beve ra ge is sold shall be pe rmitted in any 11c11 comme rcial (11 c11 zon es) without first there having been filed an application for a conditional use permi t and said conditional use pe rmit having be en granted and eff ec tive as set fort h in Article 14, Variances and Conditi on al Us e permits, of sai d Ordinance No. N.S . 154 as amend e d. Planning Commission Exception: Page 2 January 9, 1967 Any establishment fo r the sale of alcoholi c beverages for consumption upon the premises · at which said al coho lic beverage is sold, when located in a C-3 Ge neral and Highway Commercial district which is located more than 100 feet at the closest piint measured radially from the,exterior boundaries of the l ot or parcel of land said establishme nt is located on fr om an 11R1 1 residential zoned property shall not be required to secure a conditional use permi t. (2) In consicleri~g the granting of said conditional use permit for any such es t ablishment, the Planning C0mmission shall, in addition to the factors of consideration listed in Section 1000, Ar tic le 10, of Ordinance No. N.S. 154, consider the following: A. Its distance from existing residential uses wi thin the zone and its distance from residential and non-commercial uses in zones adjacent to that zone in which t he establishment is proposed. 8 . The amount of existing or proposed off street parking fac i Ii ties, the distance from the proposed establishment. C. Location of and distance to churches, schools, hospitals and public p layground s in relation to the proposed establishments. D. Hours of operation of the propo s ed establishment. E. The combination of uses proposed within the propos ed establis hment . F. The number of on-sale I iquor establishments within the close proximity of the proposed establishment. G. Such other con side rations as, in the judg§rnent o f th e Planning Commission, are nece ssary to assur e the purpose and intent of this provision of the Zonin g Ordinance are upheld. (3) To accomplish the purpose and intent of the Zon ing Ordinance, all existing uses of establishments for t he purpose of sale of alcoholic beverages for consumption upon the premis es for which no valid conditional use permit as provid ed for in paragraph 4 of Sec tion SOl exist, are declared non -c on formln g uses and are governed by all applicable provisions of Ordinance No. N.S. 154, as amended (The Zoning Ordinance) relating to non-confo rming uses and con d itional use permits provided ther ei n. (4) The pr0visions o f ihis subsec t ion shall apply o nl y to such existing or proposed est ablishme nt for which an application or requested transaction filed with the State of Cal ifornia, Department of Alcoholic Beverage Control whereby the laws of the State of California require notice thereof to be filed with the C i ty and allow for t he filing of a protest thereon by the City (except for person to person transfers of existing licenses except as otherwise provided) and/or to su ch exi st ing establishments which shall ce ase th e ir operations fo r a period of ninety (90) or more calendar days and thereafter there is filed any Planning Commission Page 3 January 9, 1967 application or requested transaction with the State of California, Department of Alcoholic Beverage Control, whereby the laws of the State of California require notice thereof to be filed with the City, and allow the filing of a protest thereon by the City (including person to person transfer of existing 1 icenses). Any conditional use permit issued pursuant to the provisions of this sub section shall be subject to the condition, in addition to any and all other conditions, that it shall terminate and cease to apply to any establishment which (a) shall have ceased its operation for a period of ninety {90) or more calendar days, if there is thereafter filed any application or requested transaction with the State of California, Department of Alcoholic Beverage Control; whereby the laws of the State of California r~quire notice thereof to be filed with the City, and allow the filing of a protest thereon by the City (including person to person transfer of existing 1 icenses); or, (b) where after said ninety (90) calendar day period the existing 1 icense shall have ceased to apply to said establishment; or (c) where the existing i"icense shall have been surrendered to the Department of Alcoholic Severage Control for a period exceeding one hundred eighty (180) calendar days. The foregoing resolution was adopted by the Planning Commission at a regular meeting held Oa □□abyr9, 1967, by the following vote: AYES: NOES: ABSENT: Comm. Armer, Reeves, Noble, Boice, Hales, Hamilton, Chairman Viault None None CERTIFICATION I hereby certify that the foregoing resolution No. P.C. 154-602, was adopted by the Planning Commission of the City of Hermosa Beach at a regular meeting held on the 9th day of January, 1967. \?. . ,, -~; Rdbert Viau t, C airman