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HomeMy WebLinkAboutPC Resolution 96-01~ I ~ 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 29 RESOLUTION P.C 96-1 A RESOLUTlON OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMI TO ALLOW A SNACK SHOP AND OUTSIDE SEATING AT 1036 AVIATION BLVD., LEGALLY DESCRIBED AS LOTS 79-84 INCLUSIVE OF TRACT NO. 5650. WHEREAS, the Planning Commission held a public hearing on January 16, 1996 to receive oral and written testimony regarding this matter and made the following findings: A. The food items intended to be sold are limited to coffee, and packaged snack items; B. The use will be compatible with surrounding commercial activities. C. Strict compliance with the conditions of approval will mitigate any negative impact of the snack/coffee shop; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a Conditional Use Permit at 1036 Aviation Blvd., subject to the following conditions: SECTION I: Specific Conditions of Approval 1. The proposed project shall be in substantial conformance with 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 29 the following conditions, and revised plans shall be submitted with accurate dimensions, showing the entire property, and seatin arrangements inside and outside for review and approval by the Community Development Director. Future minor changes may be reviewed and approved by the Director . 2. All parking spaces shall be restriped. 3. A bicycle rack shall be provided on site in a location approved by the Community Development Director. 4. The primary emphasis of the business shall be maintained as a snack shop offering coffee and packaged food items. 5. Landscaping plan shall be submitted for approval by the Community Development Director, and shall include a minimum of one 15 gal. tree, 10 feet on center, along the southerly property line. SECTION II: General Conditions of Approval 6. The subject property, proposed business, and existing businesses shall be in compliance with all applicable requirements of the Municipal code. 7. The exterior of the premises including the parking areas shall be maintained in a neat and clean manner at all times. 8. The establishment shall not adversely effect the welfare of residents, and/ or commercial establishments nearby. 2 ! 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 29 SECTION III This grant shall not be effective for any purposes until the permittee and the owner of the property involved have filed at the office of the Department of Planning their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit shall be recorded with Los Angeles County, and proof of recordation shall be submitted to the Community Development Department. 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. Permittee shall defend, indemnity and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code Section 65907. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in tie defense-If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend, indemnity, or hold harmless the City. 3 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 29 The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. VOTE-AYE:Chmn Tucker, Comm. Dettelbach Perrotti, DiMonda, Merl NOES: none ABSTAIN: none ABSENT: none CERTIFICATION I hereby certify the foregoing Resolution P.C. 96-1 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of January 16, 1996. Peter Tucke, Chairman cur9515 4