Loading...
HomeMy WebLinkAboutPC Resolution 90-502 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOMMENDING AMENDING THE HERMOSA BEACH ZONING ORDINANCE TO REQUIRE AMORTIZATION OF BUSINESSES THAT REQUIRE CONDITIONAL USE PERMITS THAT CURRENTLY OPERATE WITHOUT A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Counci 1 held a public hearing on June 19,1990 to receive oral and written testimony on this matter and made the following Findings: A. The Zoning Ordinance requires Conditional Use Permits for various commercial uses in commercial zones, for example, entertainment uses, automotive related uses, and adult uses, require conditional use permits because of their potential negative impacts on surrounding properties; B. Some of these businesses in the City were established prior to the requirement for Conditional Use Permits and, therefore, they operate without controls which are required of similar businesses; C. The establishment of conditions to regulate these uses consistent with those required for similar new uses will reduce the problems associated with the operations of these businesses; D. The subject text amendment is necessary to protect the health, safety, and welfare of the citizens of Hermosa Beach, especially in regards to residential areas located in proximity to the subject commercial uses; E. The amendment is consistent with the General Plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of He r mos a Beach, Califo rn ia, does hereby recommend the following amendmen t s to Sec t ion 13-5 of t h e zoning ordinance: 1. Amend the title to read as follows: "Sec. 13-5 Nonconforming commercial and manufactur i ng bus i nesses subject to the requirement for a Co n ditional Use Permit" -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Move the entire current Section 13-5, titled "Nonconforming alcohol beverage establishment, on and off-sale." and locate it under sub-section "(a)" 3. Add subsection "(b)" to read as follows: "(b) Remaining nonconforming establishments subject conditional use permit. commercial and manufacturing to the requirement for a VOTE: The conditional use permit process, established pursuant to this ordinance, shall apply to the types of business establishments as identified on the commercial and manufacturing permitted use lists in Article 8 and Article 9. All such establishments which do not possess a conditional use permit as required by Article 8 and Article 9 on the effective date of Ordinance No. shall be required to apply for a conditional use permit within two (2) years from the date of receiving notification from the City of the requirement to apply for a Conditional Use Permit. Upon receiving notification from the City, each establishment shall have a maximum of two (2) years to apply for a Conditional Use Permit, and once application is made it must di 1 igently pursue its application and receive a conditional use permit. Said application must be heard before the planning commission within six (6) months of the filing of the application. Any applicant may be granted an extension of time within which to receive their conditional use permit if they can demonstrate to the planning commission there is good cause for an extension of time necessary to receive the permit. If no permit is either sought or granted within the time periods specified above, the establishment, or the portion of the establishment, conducting an operation subject to a conditional use permit requirement shall no longer have the legal authority to operate. AYES: NOES: ABSTAIN: ABSENT: Comms.Ketz,Moore,Peirce,Rue,Chmn.Ingell None None None CERTIFICATION a/pcrsam -2 -