HomeMy WebLinkAboutPC Resolution 97-171
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P.C. RESOLUTION NO. 97-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A
MINI-MART WITH OFF-SALE BEER AND WINE PAST 11:00 P.M., AND A CAR
WASH IN CONJUNCTION WITH GASOLINE SALES; A PARKING PLAN TO
ALLOW FUEL DISPENSING AREAS AND THE CAR WASH STACKING LANE TO
COUNT TOWARDS REQUIRED PARKING; AND A SIGN VARIANCE TO ALLOW
TWO POLE SIGNS AND TO EXCEED SIGN AREA REQUIREMENT AND ADOPTION
OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 755 PIER A VENUE AND
1439 PACIFIC COAST IDGHWAY, AND LEGALLY DESCRIBED AS LOT 10, BLOCK
80, SECOND ADDITION TO HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on March 4, 1997, t0 receive
ral and written testimony regarding this matter and made the following findings:
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B.
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The applicant proposes to demolish an existing service station and restaurant and to
replace it with new facilities to support a gasoline station including a mini-mart
( convenience store) and automated car wash;
The project is consistent with the General Plan;
The site is zoned SP A 8 and is suitable for the type and intensity of the proposed use;
The proposed use, as conditioned below, is compatible with surrounding commercial uses
and will pose no threat to the public safety and welfare;
E . The parking, fuel dispensing areas, and car wash stacking areas on the subject lot are
F .
G.
adequate to provide parking for customers of the facility.
The Planning Commission concurs with the Staff Environmental Review Committee's
recommendation, based on their environmental assessment/initial study, that this project
will result in a less than significant impact on the environment, and therefore qual1fies for a
Negative Declaration
The variance is not a grant of a special privilege inconsistent with the limitations on other
properties in the vicinity;
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Special conditions and extraordinary circumstances apply to the subject property that do
not apply to the other properties in the vicinity because:
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1.
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the applicant has agreed to convey to the City, on a long-term basis, the property's
primary sign location and thereby precluding the applicant from using that property
for a sign; and
the main building frontage is very small in comparison to lot frontage;
I. The variance will not adversely affect public safety and the design and appearance of the
signing and structures of the surrounding area;
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A CONDITIONAL USE
PERMIT, PARKING PLAN, AND SIGN VARIANCE, SUBJECT TO THE FOLLOWING
CONDITIONS:
SECTION I Specific Conditions of Approval
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The project shall be substantially consistent with submitted plans as reviewed by the
Planning Commission on March 4, 1997. Modifications to the plan shall be reviewed and
may be approved by the Community Development Director.
Architectural treatment and sign details shall be as shown on building elevations and the sign
plans contained in submitted plans and any modification shall require approval by the
Community Development Director.
a. Any roof-top equipment shall be integrated into the architecture and be hidden from
street view.
The project shall comply with the requirements of the Public Works Department.
Final building plans/construction drawings including site, elevation, floor plan, sections,
details, landscaping and irrigation, submitted for building permit issuance shall be reviewed
for consistency with the plans approved by the Planning Commission and the conditions of
this resolution, and approved by the Community Development Director prior to the
issuance of any Building Permit.
A maximum of two free-standing signs/price signs are allowed on the site as identified on
the plans as a "A. 19.5' High Pole Sign with prices," and "B. 6' high price/monument
sign". The two additional informational pole signs identified as the "manager's sign" and
the "thank you sign" shall be eliminated from the sign plan.
Prior to the variance becoming effective, the applicant shall convey to the City, and in a
form acceptable to the City Attorney, on a long-term basis, the 225 square foot area
designated in Exhibit A to this Resolution.
A maximum total sign area of276 square feet shall be allowed.
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2 SECTION II General operating and standard conditions
3 1. The project and the operation shall comply with all applicable requirements of the
Municipal code.
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The establishment shall not adversely affect the welfare of residents, and/or commercial
establishments nearby.
Disposal of hazardous waste material shall be in accordance with local, state, and federal
laws, but in no event shall such waste material be allowed to drain into the City storm
drain system.
A water reclamation system, approved by the County of Los Angeles, shall be utilized .
A back flow prevention device shall be installed to prevent spilling of wash water on the
site.
Drainage of surface waters shall be underground through the City storm drain sys'tem and
shall not be allowed to drain over the sidewalk or directly onto the street.
The use of non-biodegradable detergents or waxes shall be prohibited.
Storage of automobiles, trucks, tractors, trailers, RV's or other similar vehicles in the
parking area or any other locations on the premises shall be prohibited.
The exterior of the business, including parking and landscaped areas, shall be maintained
in a neat and clean manner at all times.
Retail merchandise, except for gasoline, shall be displayed and sold from the interior of the
building only.
Outdoor lighting shall be located and oriented to in a manner to insure that neighboring
commercial and residential properties and public right-of-ways shall not be adversely
affected.
SECTION ID:
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, Parking Plan and Variance shall be recorded, and proof of
recordation shall be submitted to the Community Development Department.
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Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court oflaw, 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.
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:
NOES:
ABSTAIN:
ABSENT:
Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker
None
None
None
CERTIFICATION
I hereby certify that the foregoing Resolution P. C. 97-17 is a true and complete record of the
Date
cur96-15
en by the Planning Commission of the City of Hermosa Beach, California at their
f h 4, 1997.
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