HomeMy WebLinkAboutPC Resolution 154-617Name; Planning COlll11iss ion
To Pe r mit: Amendmen t of Ordinance N.S. 154
Date: June 12, 1967
RESOLUTION NO . P.C, 154-61 7
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH
RECOMMENDING TO THE CITY COUNCIL AMENDMENT OF ZONING ORDl~ANCE N,S. 154
BY AMENDING THEREIN PARAGRAPH (l), ADDING PARAGRAPH 5, 6 ANO J TO SECTION
801 RELATING TO IS SUANCE OF CONDITIONAL US E PERMITS FOR CERT1i\lN USES IN
THE COMMERCIAL ZONES AND ADDING SECTION 25 5 TO ARTI CLE 2.
THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEAC H does r eso l ve a s follows ;
WHEREAS , und e r .t he p r ovision s o f Ordinance N.S. 154, Secti on 1501, th e
Pl ~nnin g Comm i s s ion did, on May l, 1967, a dopt Resoluti o n of In te nti on P.C.
154=-611 to i n i t i a te actio n for the p u rp o s e of co ns i derati o n of ame nd ing
Zo ning Ordi nance N.S. 154 t o pro vi de bett e r cont ro l s for bus iness e s oper at i ng
a fte r 10 p.m., a nd/o r busin e sses tha t are no t being c o nduc t ed wholl y within
a bu i lding; and
WHEREAS, on Jun e 12, 196 7 , publi c hearing was he ld, and th e Planning
Commiss i on, aft er s tud y a nd ana lysis, did det er min e tha t t he prop o sed
ame ndment i s a nece ssary exped i ent to al lev iate pas t and fo rthcomin g
p r o b lems ev i denced in some bus iness es tablishments wi th no personn el
in attenda nc e and o pe rat i ng late at n ight.
NOW, THEREFORE, BE IT RESOLVED t hat, in view of the fi nd i ngs at s a id hea ring,
t he Planning Comm ission recommend to t he City Counc i l of t he Ci ty of Hermos a
Be ach, ame ndment o f Ord ina nce N.S. 154 as follows :
Tha t Section 801: Li mitati ons on pe rm i tted use s in 11 c11 zones be a nd t he same is
hereby amend e d to read as foll ows:
SECT ION 801: Li mi t ations a nd speci a l req u ir e ment on c ertain perm i tt e d uses
in t he Cl, C2 and C3 zone s . The fo llowin g us es sh a ll be s ubject to c ertain
r eq uiremen ts, condi t ions and I imita t i on s a s hereina ft er se t f orth.
Parag ra p h (1) Secti on 801 be a nd t he s ame is he reby ame nded t o read a s fo llows:
(1) All us es shall be conduc ted wholly within a b u ilding exc e p t su c h
us es as dr i ve-in o r wal k-in restaura nt s, ga s olin e s tations , sales of new and
us e d a utomo biles, t r ucks, tr a ilers , boats, moto rcy c les, b icyc l e s, ca rw as he s
(me ch a n ical or hand op erated), e lec t rical tra ns former sub-sta t ions , ho rticul t ural
nurs e ries, a nd ot her s i mila r e n t erpri ses wh ich in th e op inion of t he Planning
Commis s i o n are of suc h a natur e t ha t it would be impracti c al t o be conducted
wholly wi thin a buildin g:
Add t o Sec t i on 801 , paragraph (5) to read a s follow s :
Planning Commiss i on Pag e 2 Jun e 12, 1967
(5) All uses set f orth in paragraph one, ~nd a ll other use s not e numerated
which in the opinion of the Planning Commis si on are impra c tical to be c ond ucted
wholly within a building, shall be subjec t to a p ubli c hearing and the i s suance
of a Conditional Use Permit as set forth in Ar ticl e 14, Variances and Conditional
Use Per mits of said Ordinance No. N.S. 154.
(A) Each person or per s ons applying for a Conditi o nal Use Per mi t sh a ll
fil e wi t h the Planning Commission an ap p lication whi c h sh a ll include the
fo I lowing:
(I) Name and addres s of owne r or owne rs of said pr operty.
(2) The address a nd legal des c ription o f p r oper t y.
(3) Name and add ress o f owner or owners of p r oposed business.
(4) Present land use cla s si f ication (zone).
(5) Type of bus iness.
(6) Exac t na t ure and opera t ion o f bu si nes s.
(7) Ho urs of opera t ion.
(8) Plot plan of entire p r operty with a scale o f l /8 11 ==-I I or
on large par ce ls l/1611 "-11 •
(9) Conten t s
(a) North arrow
(b) Legal description, address of subject prope r ty.
(c ) All boundary li nes of subje c t property f u lly d imensioned,
showing t he nam e and loca t ion of abutting s t ree ts and alleys.
(d) All dimen s ion s of exi s t i ng bui I din g and s truc t ures, p r opo sed
i mprove ments and s t r u ctures and t heir dis t ance from the boundaries
o f the prop e rty and from one anoth er .
(e) All e xis t ing and propos ed walls, inc luding he ight and mat er ial.
(f) All parking spaces and a i sle s , drawn and d i men s ioned wi th the
fl ow of t ra f fic noted by arrows.
{g) Location and width of a ll vehi c ular and pedestrian ac ce ss
open in g i nto and out of the p rop e r t y.
(h) Existi ng landscaping and p roposed.
(i) All advert i sing signs , outdoo r s torage a n d acti v ity a r ea, waste
d i sposal f acilitie s, loc ation and general na t ure o f out s i de
lightin g de v ice s .
(j) Such other informatio n as may be r equi r ed by t he Building and
Planni ng Director or Pl an ning Comm~ssion to make the r eq uir e d
findings.
(B) Pr oces s ing of Ap pli c ation
(1) All appli c ations submitted s hall be set f or public hearing s be f o r e the
Planning Commission.
(2) The applicant, o r his r epr e sentati ve , mu st b e pr e sen t at t he publi c
hearing t o answer any question the Plann i ng Co mmission may wish to a s k
pe rtaining t o th i s requ es t.
Plan n ing Commission Page 3 Jun e 12, 1967
(C) In considering t he approval of a Conditional Us e permit, the Planning
Commission shall c onsider the following:
(1) Hours of operation of the propo s ed es t ablishment.
(2) Its distanc e from existing reside ntia l uses and the distanc e o f that
(3)
(4)
(5)
{6)
(7)
portio n of bu s iness which is conducted in the open from t he
residential us e .
Da mage or nuisance fro m nois e , smoke, odor, dust , v ibration,
unsightliness, li g ht, e tc.
The amoun t of exi s ting or propo s ed off street parking facilities;
t he distance from the proposed establishments.
The ha z a r d from the open area tha t might create the congregation
of large numb e r o f p eo ple and cars during t he hours of operation
and closing hour s .
The preca u tions that hav e been take n by the owner or operator
of said business t o assur e the c ompatibility o f the surrounding
areas.
Such o t her considerations as, in the j udg e ment of the Planning Commission,
are ne cessary to assure the o pera t i o n of said bus i ness will no t be
obnoxious, hazardous or crea te a nuisance, or undue hard s hip withi n
t he surrounding area.
Add to Section 801, paragraph (6) to read a s follows:
Every use that is to be conduct e d , having any one o f the fo l lowing opera t ional
charact eris t ics, s hall be s ubjec t to a public hearing a nd th e issuance of a
Conditional Use Permit as s et for t h i n Article 14, Va r iances and Conditiona l
Use Per mits of said Or dinan ce No. N.S. 154.
(~} Where the busi ness i s opera t ed after 10 P.M.
(B) Wh ere th e bus iness is operat e d without an attendant.
In considering the granting of said Conditional Use pe r mit for any such use ,
the Planning Commission s hall, in add it ion to th e factors of consideration
listed in sub-headi ng 11e11 of paragraph 5, c onsi d er the following:
(1) The poli c e problem that migh t aris e from t he lack of no
s upervision of t he pro posed busines s .
(2) Th e late hour op e ration and ef f ect on the immediat e neighborhood.
Add to Sec tio n 801, pa r agraph (7) to read as foll ows:
All e xisting uses of est a blishme nts for wh ich no valid Conditional Use Pe rmit
as provided for in parag ra ph (5) and (6) of Sec tio n 801 exi s t, ar e declared
nonconforming uses an d are govern ed by all appli c amile provisions of Ordi na nce
No. N.S. 154, as amended (Th e Zon i ng Ordinance} relati ng to nonconfor ming
us e s and Condit i onal Us e Permits provided t herein.
With f urth e r provi s ions t hat all existing us e s of e s tablis hments In op e ra ti on
on th e effect i ve da t e of this Or d inanc e, which became nonconformi n g uses as
provided fo r in paragraph (5) and (6) of Section 801, shall, wi t hin five (5 )
Planning Corrrnission Page 4 June 12, 196 7
years from the effective date of this Ordinance, file an application with the
Planning Commission for a Conditional Use Permit as set forth in Section
801, paragraph 5 and 6 of said Ordinance.
(A) If such nonconforming use is vacated or discontinued for ninety
days or more, any future use of such building or premises which requires
a conditional use permit as provided for in Section 801, paragraph (5) and
(6), shall conform to the provisions as set forth in Section 801, paragraph
(5) and (6) o
(B) Any Conditional Use Permit issued pursuant to the provisions of
Section 801, paragraph (5) and (6) shall terminate and cease to apply to
any establishment which has been vacated or discontinued for ninety days
or more.
Amend Article 2, 11Definitions,11 by adding Section 255 to read as follows:
Section 255: Drive-in or walk-in restaurant. Drive-in or walk-in restaurant
shall mean:
Any establishment serving food or beverages to the general public wherein
the food or beverages are primarily prepared to go or to be consumed on
the premises wherein all or part of the facilities or accomodations for the
consumption of said food or beverages are not entirely within an enclosed
bui ]ding.
The foregoing resolution was adopted by the Planning Commission at a regular
meeting held June 12, 1967, by the following vote:
AYES:
NOES:
ABSENT:
Comm. Armer, Reeves, Noble, Boice, Hales, Hamilton, Chairman Viault
None
None
CERTIFICATION
J hereby certify that the foregoing resolution, Noo P.C. 154-617, was adopted
by the Planning Commission of the City of Her~sa Beach at a special meeting
held on the 12th day of June, 1967. (
l<~b-~)::. \_. "~· -.~:
Robert Viault, Chairman