HomeMy WebLinkAboutPC Resolution 97-011
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P.C. RESOLUTION NO.97-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE
ESTABLISHMENT OF A PLANT NURSERY WITH OUTDOOR DISPLAY AT 1062
AVIATION BOULEVARD AND LEGALLY DESCRIBED AS LOT 8, TRACT NO.
8519.
WHEREAS, the Planning Commission held a public hearing on January 21, 1997, to
receive oral and written testimony regarding the subject project and made the following findings:
A. The applicant is proposing to establish a plant nursery with an outdoor display area.
B. The project will conform to all zoning regulations and will be compatible with neighboring
commercial and residential properties.
C. Issuance of the Conditional Use Permit will be contingent upon applicant's strict
compliance with the Conditions of Approval.
D. The project is Categorically Exempt from the requirements of the California
Environmental Quality Act, pursuant to CEQA guidelines, Section 15301 e(2) with the
finding that the project is in an area with available services and not in an environmentally
sensitive area.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A CONDITIONAL
USE PERMIT FOR THE ESTABLISHMENT OF A PLANT NURSERY WITH
OUTDOOR DISPLAY SUBJECT TO THE FOLLOWING CONDITIONS:
SECTION I Specific Conditions of Approval - Conditional Use Permit
1. The development and continued use of the property shall be in conformance with
submitted plans. Modifications to the plan shall be reviewed and may be approved by the
Community Development Director.
2. The project shall comply with the requirements of the Building and Safety Division, including
obtaining permits for the canopy structure.
13. Parking shall be provided for the physically handicapped in the amount and size as
required by the U.B.C.
4. Improvement of site screening shall be provided, including enhancement of existing chain
link fencing with wooden slats along the west, south, and east property lines, removal of
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barbed wire, and the use of landscaping along the northerly edge of the parking area, to
the satisfaction of the Community Development Director.
5, Required parking areas shall be clearly marked and maintained free of plant and
merchandise display. Landscaped area and parking shall be demarcated with redwood
strip.
SECTION J1 General operating and standard conditions - Conditional Use Permit:
The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
2. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
SECTION III
The project and operation of the business shall comply with all applicable requirements of the
Municipal Code.
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 Conditional Use Permit 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 an 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 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.
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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
VOTE: AYES:
Comms. Merl, Perrotti, Pizer, Schwartz, ChmnJucker
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 97-1 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
reg, fair eetin of, Mary 21, 1997�
Peter Tucker,tbairman Sol Blutmeeld, Secretary
/611- 5)
Date
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