HomeMy WebLinkAboutPC Resolution 97-671
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
P.C. RESOLUTION 97-67
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN FOR A
TAKE-OUT RESTAURANT AT 113 HERMOSA AVE, LEGALLY DESCRIBED AS
LOTS 11, 12, BLOCK 2, HERMOSA BEACH TRACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Ho Young Kim, business owner of the
proposed take-out restaurant located at 113 Hermosa Ave., seeking approval of a Parking
Plan to allow less than required parking ..
Sectio n 2. The Planning Commission conducted a duly noticed de novo public hearing
to consider the subject application on November 18, 1997, at which time testimony and
evidence, both written and oral, was presented to and considered by the Planning
Commission .
Section 3 . Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. The applicant is proposing to convert a defunct juice bar into a take-out/delivery
service restaurant.
2. The proposed use is permitted in the zone it is proposed --C-1, Neighborhood
commercial
1 7 Section 4. Based on the foregoing factual findings, the Planning Commission makes
18
19
20
21
22
23
24
25
26
27
28
29
the following findings pertaining to the application for a Parking Plan:
A
B.
C.
D.
The applicant is proposing to remodel the interior of an existing building previously
used for juices bar, for a take-out restaurant.
Less than required parking is justified for this change of use, pursuant to Section
17.44.210 of the Zoning Ordinance, since most of the patronage will be neighborhood
residents that walk or beach visitors whose destination is the beach.
No additional parking is required for this business as it is not intensifying the use.
Strict compliance with the Conditions of Approval will mitigate any negative impact
resulting from approval of the Parking Plan;
1
1
2
3
4
E . This project is Categorically Exempt pursuant to the California Quality Act Guidelines,
Section 15303c N ew Constru cti on or Conversion of Smal l Structures.
Sect ion 5. Based on the foregoing , the Planning Commission hereby approves the subject
5 Parking Plan, subject to the following Conditions of Approval:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
1.
1.
2.
3.
The project shall be substantially consistent with submitted plans and shall be
maintained primarily as a take-out/delivery restaurant with a maximum of 8
seats. Any minor modifications to the plan shall be reviewed and may be
approved by the Community Development Director.
The garage parking area shall be maintained for parking only. Storage is strictly
prohibited.
Any significant changes to the interior layout which would alter the primary
function as a take-out/delivery restaurant shall be subject to review and
approval by the Planning Commission.
The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
Section VI
This grant shall not be effective for any purposes until the permittee and the owners of
the property involved have filed at the office of the Planning Division of the Community
Development Department their affidavits stating that they are aware of, and agree to
accept, all of the conditions of this grant.
The Parking Plan shall be recorded, and proof of recordation shall be submitted to the
Community Development Department.
Each of the above conditions is separately enforced, and if one 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, indemnify and hold harmless the City, it agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers,
or employee 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 the defense. If the City fails to promptly notify the
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
permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the
defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold
harmless the City.
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.
The subject property shall be developed, maintained and operated in full compliance
with the conditions of this grant and any law, statute, ordinance or other regulation
applicable to any development or activity on the subject property. Failure of the
permittee to cease any development or activity not in full compliance shall be a violation
of these conditions.
The Planning Commission may review this Parking Plan 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.
VOTE: AYES: Comm. Perrotti, Merl, Pizer, Chmn. Tucker
NOES: none
ABSENT : Comm. Schwartz
ABSTAIN: none
CERTIFICATION
I hereby certify the foregoing Resolution P .C. 97-67 is a true and complete record of the
actio t aken by the Planning Commission of the City of Hermosa Beach, California, at their
ar eeN No mber 18, 1997.
Date
ppr975
3