HomeMy WebLinkAboutRES-91-5488 (CUP/1160 AVIATION)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
RESOLUTION 91-5488
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, TO MODIFY A CONDITIONAL USE PERMIT FOR A DRIVE-THRU
TAKE-OUT WINDOW IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT
ON PROPERTY LOCATED AT 1160 AVIATION BOULEVARD,
"JACK-IN-THE-BOX", LEGALLY DESCRIBED AS LOTS 1-4 INCLUSIVE, BLOCK
149, REDONDO VILLA TRACT.
WHEREAS, the City Council held a public hearing on August 27,
1991, to receive oral and written testimony on this matter and
hereby makes the following findings:
A. That the existing operation of the drive-thru activity upon
the property at 1160 Aviation Blvd. ("Subject Property") has
resulted in significant disturbance to the adjacent
residential area.
B. Late evening and early morning noise from the business
activity conducted upon the Subject Property has been heard
by and disturbed the quiet use and enjoyment of the adjacent
residents inside their homes.
C. Noise from the business upon the Subject Property has
substantially interfered with the public health, safety and
general welfare in that residents have been awakened and
disturbed at late night hours because of loud noise and
activity from the Subject Property.
D. The Appellant was unable to provide an acceptable method of
controlling such late night loud noise and activity other
than restricting the hours of operation.
WHEREAS, based on the foregoing findings and other evidence
presented at the public hearing, the City Council concludes as
follows:
- 1 -
A. That all appropriate notices of the subject hearings were
1
given to and received by the applicant.
2
B.
The applicable Conditional Use Permit for the Subject
3
Property (Resolution 154-576) is out of date and not adequate
4
to resolve the impacts caused by this drive-thru restaurant.
5
C.
The existing operation of the drive-thru activity upon the
6
Subject Property is inconsistent with certain criteria for
7
issuance of granting a Conditional Use Permit as set forth in
8
Section 10-2 of the Zoning Ordinance including, but not
9
limited to, subparagraphs 1, 2, 4, 5, 9 and 12 of said
10
section.
11
D.
That the drive-thru activity upon the subject property
12
adversely affects the public health, safety and general
13
welfare of the community and the inhabitants of nearby and
14
adjacent residential properties have been deprived of the
15
quiet and peaceful enjoyment of their property.
16
E.
The existing operation of the restaurant causes a nuisance to
17
surrounding properties and pursuant to Section 1800(5) of the
18
zoning ordinance, necessitates modification of the conditions
19
of the Conditional Use Permit.
20
F.
Strict compliance with the conditions of approval, as
21
modified, will serve to resolve the nuisance problem and will
22
mitigate any negative impact resulting from the conditional
23
use permit and will protect the public health, safety and
24
welfare.
25
G.
That should any finding or conclusion be determined to be
26
unsupported by the evidence, the City Council hereby
27
concludes that each individual finding and each individual
28
- 2 -
�...� 2
3
4
14.r
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
�••' 27
28
conclusion is sufficient to support the modification of the
conditions of the Conditional Use Permit as set forth herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Hermosa Beach, California does hereby Modify a
Conditional Use Permit, to authorize a drive-thru take-out window
in conjunction with the operation of a fast food restaurant, at
1160 Aviation Boulevard, subject to the following conditions of
approval:
SECTION I Conditions of Approval:
1. The hours of operation of the restaurant itself, including
deliveries, shall be limited to between 6:00 AM to 12:00
midnight Sunday thru Thursday and 6:00 AM to 1:00 AM Friday
and Saturday. The drive-thru hours shall be limited to
between 6:00 AM and 11:00 PM Sunday thru Saturday.
2. The business shall provide adequate management and
supervisory techniques to prevent loitering, unruliness, and
boisterous activities of the patrons on the premises.
3. The exterior speaker box shall be kept at a level so as not
to expel excessive sound into the parking lot. Any question
as to volume levels shall be resolved on site by the Planning
Department.
4. The existing landscaping shall be maintained and all weeds
shall be removed. In addition, 24" box trees shall be
planted at 15 feet on center along the south and east
property lines. The specified type shall be subject to
approval by the Planning Director prior to installation.
Said landscape improvements shall be completed within 90 days
after the adoption of this resolution.
5. An employee who is aware of the conditions of this
conditional use permit shall be on the premises during
business hours.
a. The conditional use permit conditions shall be placed on
the property in a location where employees can easily read
the conditions.
6. The property owner/manager shall meet with the Planning
Department within 60 days after the adoption of this
resolution to discuss a possible parking lot redesign. If
the Planning director decides that an alternate plan is
feasible, such plan shall be implemented within 90 days after
approval.
7. The operators of the business shall be responsible for
maintaining the line of vehicles for the drive-thru window in
a manner that does not obstruct vehicle movement within the
parking lot nor obstruct access to parking spaces.
- 3 -
1
,*wool 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
8. Prior to the conditional use permit being in effect, the
applicant shall submit to the planning department, an
"Acceptance of Conditions" form, signed by the property
owner, and notarized.
9. A conditional use permit shall be recorded with the deed, and
proof of recordation shall be submitted to the Planning
Department.
10. This Resolution supersedes Resolution P.C. 154-850 and Reso-
lution P.C. 91-45.
SECTION II
Each of the above conditions is separately enforced, and if any
of the conditions of approval is found to be invalid by a court
of law, all the other conditions shall remain valid and
enforceable.
SECTION III
The City Council may review this Conditional Use Permit 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.
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 Conditional Use Permit and/or
the issuance of citations.
PASSED, APPROVED, and ADOPTED this 10th day of
September, 1991.
-PR SIDENT of the City Council and MAYOR of the City
of Hermosa Beach, California
ATTEST:
CITY CLERK
a
APPROVED AS TO FO
���Q ��/�� CITY ATTORNEY
p/pers1160
- 4 -
L�
\NOV
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH }
I, Naoma Valdes, Deputy City Clerk of the City
Council of the City of Hermosa Beach, California, do hereby
certify that the foregoing Resolution No. 91-5488 was duly and
regularly passed, approved and adopted by the City Council
of the City of Hermosa Beach at a Regular meeting of said
Council at the regular meeting place thereof on September 10,
1991.
The -vote was as follows:
AYES: Creighton, Essertier, Sheldon, Wiemans, Mayor Midstokke
NOES:- None
ABSENT: None
DATED: September 12, 1991
Deputy City Clerk