HomeMy WebLinkAboutPC Resolution 154-611Name:
To Permit:
Planning Commission, Resolution of Intention
Amendment of Ordinance N.S. 154
Date: May l, 1967
RESOLUTION NO, P.C. 154-611
A RESOLUTION OF INTENTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH TO INITIATE ACTION FOR THE PURPOSE 0F CONSIDERATION OF
AMENDING ZONING ORDINANCE N.S. 154 BY AMENDING PARAGRAPH tl),
ADDING PARAGRAPH 5, 6 AND 7 TO SECTION 801 RELATING TO ISSUANCE
OF CONDITIONAL USE PERMITS FOR CERTAIN USES IN THE COMMERCIAL ZONES
ANO ADDING SECTION 255 TO ARTICLE 2.
THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH does resolve as follows;
WHEREAS, the City Council did request the Planning Commission to study and
review the Zoning Ordinance relating to businesses being conducted after 10 P.M.
and/or where either all or part of the business is being conducted in the open; and
WHEREAS, the Planning Commission did determine that most commercial areas were
of a shallow depth, abutting residential property, and which if not regulated
properly, could result in incompatibility between residential and commercial uses;
and
WHEREAS, it was determined that the Zoning Ordinance did not provide for sufficient
rules and regulations governinging businesses operating after 10 P.M., and/or not
being conducted wholly within a building; and
WHEREAS, under the provisions of Ordinance N.S. 154, }he Planning Commission
did, at their special meeting of May 1, 1967, consider amending Ordinance N.S. 154
to provide better controls for businesses operating after 10 P.M., and/or businesses
that are not being donducted wholly within a building; and
WHEREAS, in view of the findings during said review, it is the opinion of the
Planning Commission that amendment of said ordinance and articles is in order
to-wit:
That Section 801: Limitations on permitted uses in 11 C11 zones be and the same
is hereby amended to read as follows:
SECTION 801: Limitations and special requirement on certain permitted uses
in the Cl, C2 and C3 zones. The following uses shall be subject to certain
requirements, conditions and limitations as hereinafter set forth.
Paragraph (1) Section 801 be and the same is hereby amended to read as follows:
(1) All uses shall be conducted wholly within a building except such 1.
uses as drive-in or walk-in restaurants, gasoline stations, sales of new and
used automobiles, trucks, trailers, boats, motorcycles, bicycles, carwashes
(mechanical or hand operated), electrical transS~rmer sub-stations, horticultural
nurseries, and other similar enterprises which in the opinion of the Planning
Commission are of such a nature that it would be impractical to be conducted
wholly within a building:
Planning Commission Page 2 May l, 196 7
Add to Section 801, parag r aph (5) to read as foll ows:
(5) All use s set for t h in paragraph one , and all o th e r uses no t e numerated
which in th e o p i nion of the Planning Commission are i mpractical, to b e conduc ted
wholly withi n a building, f:ttT'd--s hall be s ubject t o a public he a ring and the
issuan c e of a Conditional Use p e r mit as s et for t h in Article 14, Varia nces and
Condit i onal Use pe r mits of sai d Or dinanc e No. N.S. 154.
(A) Each person or p e rsons ap p l y i ng for a eonditional Us e permit shall
fil e with th e Planning Commis s ion an applicati o n whi c h shall include t he
follow i ng:
(I) Name and addr ess 0 f own e r or own e rs of s aid property.
(2) The addr es s a nd legal d esc ription of prop e rty.
(3) Name and address o f owner or own e rs of proposed bu s iness.
(4) Pr e s e nt land use c l as sific a tion (z o ne).
(S ) Ty pe of business.
(6) Exact nature and opera t io n o f busine ss .
(7 ) Hours o f opera t ion.
(8) Plot pl a n of entire p rop e rty with a scal e o f J/811 1 1 o r
o n large p a rcels l /1&1 = I 1 •
(9) Co ntents
(a) North arrow
(b) Leg al descri p t i on, addre ss of subjec t property.
(c) All boundar y lines of subj ec t proper ty fully dimens i oned,
showing the name and loc ation of abutting st ree ts and alleys .
(d) All d imensions of exi s ting building an d struct ures, proposed
improv e ments a nd structures and t heir di s tance .f rom th e boundari e s
of the proper t y and fro m one anoth e r.
(e) All exis t i ng and proposed walls, including heig h t and mater i al.
(f) All parking spaces a nd aisl e s , drawn and di me nsioned wit h th e
flow of traffi c no ted by arrows.
{g ) location and width of a ll vehicular a nd pedestrian ac ce ss
opening in t o and out o f the prop e rt y .
(h) Exist i n g landscaping and propos e d.
(il Al l a dver t ising si gns, ou tdoor storage an d activity area, waste
d i s posal faci lities, loca t ion and ge n e ral na t ure of outsid e
ligh t ing dev ices.
(j) Such o therin f ormation a s may be requir e d by t he Building and Plannin g
Direct o r or Pl a nning Commission to make the required f indings.
(B) Proc es s ing o f Applic at ion
(1 ) All appli c ation s submi t ted shall be se t for public hearings befo re the
Planni ng Commission.
(2) Th e a pp li c ant, or his repre senta t ive, mu st be pre s ent a t t he publ l e
he aring to ans wer any quest i on the Planning Commissi o n may wish to a s k
pertaining t o this r e quest.
(c) .In c ons idering the approval o f a Conditional Us e·permi t , t he Planning
Commission shall c onsider the foll owing:
(1) Hours of ope ration of the p roposed establishment .
(2) It s dista nc e from e xisting reside n tial use s an d t he distance o f th at porti on
of bu s iness which is conduc te d in the open f r om the r e siden t i a l use.
Planning Comm iss ion Page 3 May l, 1967
(3) Damag e or nui sance f rom noise, smoke, odor , dust, v ibrat ion,
unsightlin e s~, light, etc.
(4) The amount of existing or p rop osed o ff street parking facilities;
the distance fr om the p r o po s ed establishme nts.
(5 ) The hazard from the open area that migh t create the co ngregation
o f la rg e nu mber of people and car s during the hours of operat i on
and closing hours.
(6) Th e pr ecaut ion s t hat have bee n t aken b y the owne r or operato r
o f sa id business to as su r e th e compa ti bility of t he s u rro und i ng
areas.
(7) Such other cons ide ratio ns as , in th e judgement of the Planning Commiss io n ,
are necessary to a ssu re th e operation of s ai d bu s ines s will no t be
obnox i ou s , haz ar do us o r create a nuisance , or undue h a rd s hi p within
th e surroundi ng area.
Add to Se ct io n 801, par a gr aph (6) to read as follows:
Ev ery use that is to be co nd uc ted, having any one of the fo ll ow in g op e rat i on al
charact e ris tics, shall be subj ec t to a publi c he a ring and the iss uance of a
Conditional Use pe rmit as set forth in Article 14, Va r iances and Conditio na l
Use permits of said Ordinanc e No. N.S. 154.
(A) Wh er e the busines s i s op e rated after 10 P.M.
(B) Where the business is opera ted without an attendant.
In con si de rin g the gr anting of said Conditional Use pe rmi t f or any such use,
t he Pl a nnin g Commission s hall, in addition to the f actors of co nsideration
li ste d in sub -hea ding 11c11 of paragraph 5, cons ide r the fol lowin g :
(1) The police p robl em that mi g ht arise fr om the lack o f no
sup ervision o f the p ropos ed business.
(2) Th e la t e hour op er ati on and e ff ec t on the immediate ne ighborhood.
Add to Section 801 , paragrap h (7) to r ead a s follows:
All existing us es of establishments for whi c h no va l id Cond i tio nal Use perm it
as p rovided for in paragra ph (5) a nd (6) of Section 80 1 exi s t, a re de c lared
nonco nforming uses and a re governed by all appli cabl e prov i sions o f Ordinance
No . N.S. 154, a s ame nded (The Zo ni ng Ordi nance) rela t ing to non confor min g
use s and Conditional Use per mi ts pro vi ded th e re in .
With further provisions that all existing use s o f establish me nts in oper a tion
on t he effective date of this Ordinanc e, which became nonconfo rm ing uses as
provi ded for in parag r ap h (5) and (6) of Section 801, shall, within five (5)
years from the e ffec tive date of this Ord i nance, f ile an application w ith the
Planning Commi ss i on for a Conditional Us e permit as s et forth in Section
80 1, parag r aph 5 a nd 6 of said Ordina nce .
Planning Comm i ssion Page 4 May l, 1967
(A) If such non confor ming us e is vacated or disconti nued fo r ninety
d ays or more, any future use of such b uilding or premises which requirhs
a Condi t ional Use pe r mit as provided for in Section 801, parag raph (5) and
(6), sh a ll conf o rm to t he provision s as s et forth in Sect ion 801, par ag raph
{S) a nd (6).
(B) Any Conditional Us e permit issu e d pursuant t o the p rov ision s of
Section 801, paragr a ph (5) and (6) shall terminate and cease to apply to
any estab l ishmen t which has been vacated o r discontinued for ninety d ays
or more.
Amend Article 2, 11 Definitions,11 by adding Section 255 to re a d as follows :
Section 255: Drive-in or wa lk-in restaurant. Drive-in or walk-in
r estaurant shall mean:
An y est a blishment serving food or beverages to the genera l public wh ere in
the fo od or bev e rages ar e primarily p repar ed to go or to be cons umed on th e
premises wherein all or pa rt of the faci l ities or accomodations for the
cons umption of sa id food or beverages ar e not entirely within an enclosed
building .
NOW, THEREFORE , BE IT RESOLVED t hat, under the prov1 s1on s of Ordinance
N.S. 154 , Sec tio n 1501, the Planning Commi ss ion initiate acti on tocc ond uct
a public hearing at the regular meeting of June -12, 1967, at 7:30 P.M.,
at the offic i al meeting place, fo r the pu r pose of consider atio n of
amendment as s et forth herein.
The fo r egoi ng resolution was adopted by the Planning Conmis sio n at a
sp~clat meeting he ld Hay I, 1967 , by the following vote:
AY ES:
NOES:
ABSENT:
Comm. Armer, Reeves, Noble, Hal es , Hami lton, Chairman Viault
None
Comm. Boi ce
CERTIF ICAT I ON