HomeMy WebLinkAboutPC Resolution 18-32 - (320 Massey) - OLG 7415 sft additionP.C. RES 1A)T1 ' l" 111-3
PROJECTTHE IS CATEGORICALLY EXEMPT FROM
CALIFORNIA
ENVIRONMENTAL QUALITY e B
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1 An pGuadalupe
additionConditional Use Permit Amendment 18-5 and Precise Development Plan 18-12 to allow a 7,415 gro
square foot plus a 1,822 square foot covered patio are
remodel and parking lot modifications in conjunction with Our Lady of Guadalupe Catholic church
school to include two classrooms (music and science) # administrative and faculty ,
approximatelyincrease to student enrollment or faculty at an existing
approximatelytotal of 4655 gross square feet locateddetermination that.
project is categoricallyexempt from the California Environmental Quality c t
with ,. expansion project, the applicant4 a. Plan Amendment.
Section` d a duly noticed public
application on December 10, 2018, at which time testimony and evidence, both oral and written, W
Section
Section 4. Based on the testimony and evidence received, the Plarming Commission makes the
following findings pertaining to the application for the Conditional Use Permit amendment and Precise
Development Plan pursuant to the combined criteria in Hermosa Beach Municipal Code (HBMQ
Sections 17.40 and 17.58:
1. Distance from existing residential uses (in relation to negative effects)
The subject site at 320 Massey Street is located in the Single -Family Residential Zone
To the immediate south of the subject site, adjacent to the property, are three single-family
residences and two former residences, now part of the church lot used as parish offices, on
Prospect Avenue; additional low density residential uses are located to the north across 5'h Street
including the church rectory and parking lot to the west across Massey Street, and to the east across
Reynolds Lane, which is the city boundary.
ULAITILICS LIM dfC Vidlilly TWITOT Min a TERIVenum.
dwelling unit's property line from 10:00 p.m. to 8:00 a.m. daily.
Conditions of approval include that the project remain in substantial conformance with the updated
Traffic and Parking Analysis dated October 2018, which indicates the maximum number of
students that can be accommodated with the current number of classrooms with the addition of the
music and science room is 280. Accordingly, a condition of approval is included limiting
maximum total enrollment to 280 students, all non -driving.
Consistent with the previously approved CUP, a condition of approval is included limiting use of
the preschool playground to 9:00 a.m. to 5:00 p.m. in order to reduce noise impacts to nearby
residences. The playground for non -preschool students is located in the parking lot behind the
school, which is converted to playground after 8:00 .,.m. when the parking lots gates are closed. A
condition of approval is included requiring that music classroom activities with loud instruments
such as trumpets or drums or amplification be fully contained within the building with all doors
and windows fully closed. Should the school operate in violation of the CUP, the Planning
Commission is authorized by the HBMC to review the CUP.
Lighting will be installed around the building, and a condition of approval is included to require
lighting be downcast and be non -disruptive to nearby uses. Lighting shall conform to HBMC
Section 17.44.160(C) regarding lighting for parking areas.
2. The amount of existing or proposed off-street parking (facilities) in relation to actual need
(and its distance from the proposed use)
The applicant proposes to amend the existing shared Parking Plan for the church and school uses,
which have, for the most part, different hours of operation. The applicant submitted a Traffic and
Parking Analysis dated October 2018 prepared by a qualified traffic/parking consultant, which was
peer reviewed by the City's traffic/parking consultant. The City's consultant concurred with the
conclusions of the Traffic and Parking Analysis dated October 2018 which indicates that the new
addition will not increase school activity since the proposed building expansion to add new music
and science classrooms and faculty areas would not create additional parking demand because they
would serve existing students and faculty. Accordingly, a condition of approval is included
limiting maximum total student enrollment to 280, all non -driving, which, pursuant to the Traffic
and Parking Analysis dated October 2018, is the maximum number that can be accommodated
with the current number of classrooms plus the addition of the new music and science rooms. A
Page 2 - CUP 18-5 & PDP 18-12
The proposed building addition is designed to be located over existing parking areas, and the
proI osal will provide five additional parking spaces. The existing parking lot provides 134 spaces
and the proposed parking lot will provide 139 spaces, including improved ADA accessible spaces
with clear paths of travel. The primary parking lot is on the same parcel with and adjacent to the
church/school III and ourish offices, A secondarygicmrk�
church rectory which also serves as parking for church visitors arriving for church services.
Weekday church services commence at 800 am, simultaneously with commencement of school
classes. Weekday church service attendance is typically 10 to 20 parishioners, some of whom walk
to the site.
A proposed companion resolution is attached recommending approval of the applicant's requested
Parking Plan amendment. For a more detailed parking analysis, please see the Parking Plan
analysis below.
3. Location of and distance to churches, schools, hospitals and public playgrounds
Churches, schools, hospitals and public playgrounds are considered sensitive receptors. These are
areas where the occupants are more susceptible than the general public to adverse effects of
exposure to toxic chemicals, pesticides, other pollutants/contaminants and noise. The nearest
playground is the Edith Rodaway Friendship Park, located approximately 170 feet west of the
church between Hollowell Avenue and Gentry Street. The nearest school is Hermosa View
Elementary School, located one mile west on Prospect Avenue. Our Lady of Guadalupe Church
and School is itself a sensitive church and school use surrounded on all sides by low density
residential uses.
The proposed building addition is not expected to create negative impacts to nearby sensitive
receptors because no toxic chemicals, pesticides, other polluta-
, gotential noise impacts to nearby residences, conditions of approval are included that
require classroom activities with loud instruments such as trumpets or drums or amplification be
-nd indiiii )16 clisi and reguire that use of
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4. The combination of uses proposed, (as they relate to compatibty)
The proposed construction of science and music classrooms and school administration areas are
accessory to the established school use and will not create additional students or faculty that would
result in additional traffic or parking demands. Therefore, the uses are compatible to the existing
church and school and will not further impact surrounding residential uses.
5. Precautions taken by the owner or operator of the proposed establishment to assure the
compatibility of the use with surrounding uses
The Traffic and Parking Analysis dated October 2018 observed predominantly good practi6es for
the management of on -site student drop-off and pick-up activities, showed diligence by school
personnel to monitor activities and ensure that these activities occur within the private property
rather than on the surrounding public streets. A condition of approval is included that requires
substantial conformance with management of safe and efficient student drop-off and pick-up activities
as outlined in the Traffic and Parking Analysis dated October A parking provided from
Page 3 - CUP 18-5 & PDP 18-12
the building design above the parking lot will further reduce parking iinpacts in the surrounding
residential neighborhoods.
6. The relationship of the estimated/(proposed business) generated traffic volume and the
capacity (size) and safety of streets serving the area
The Traffic and Parking Analysis dated October 2018 was prepared by the applicant's
traffic/parking consultant, peer reviewed and accepted by the City. It addressed the proposed
building addition of two specific -use classrooms for music and science and school faculty and
administration areas and determined that the proposed additional space would not add parking
demand nor vehicle trips since the areas will serve the existing students and faculty only. The
Traffic and Parking Analysis dated October 2018 reviewed the existing student drop-off and pick-
up management plan on -site with two queued lanes, and determined that it is working as intended
for safety as well as to keep these activities on -site rather than in the adjacent public streets. A
condition of approval is included that requires substantial conformance with management of safe and
efficient student drop-off and pick-up activities as outlined in the Traffic and Parking Analysis dated
October 2018.
Vehicular access to the church and school is via two shared driveways on the east side of Massey
Street and on the south side of 5 1h Street. Both Massey Street and 5 1h Street are residential streets
with one lane in each direction. During school days, the student drop-off time is between 745 —
8:OOAM. after which time the ocarking lot !A ates "r closed, The student (�yick-ucc, time varies accordiad,
to grade levels, "minimum days", on Fridays, and occasional other days, and extended after -school
care up to 6:OOPM.
The proposed project does not conflict with plans, policies or ordinances related to other modes of
transportation (mass transit, pedestrian, bicycle). It will not alter or obstruct existing or planned bike
paths nor alter or impede access to mass transit facilities. The project will not introduce any hazards
to mobility, nor will it impact emergency access to the site.
7. The proposed exterior signs and decor, and the compatibility thereof with existing
establishments in the area
The proposed two-story stucco addition along the rear of the existing church and school building
will be constructed with steel guardrails, an architecturally varied roofline and open patio area, all
of which will be below the height of the existing church bung. A landscaping buffer with two
trees is proposed to be maintained along the north side of the site, adjacent to 5 th Street. The two
new trees will be of the Palo Verde variety in a minimum 36-inch size box, which are to be similar
in size and canopy to the two Olive trees to be removed for the new construction. Architectural
treatments include fixed and openable windows, open breezeways and skylights to provide light
and air to the enclosed areas, walkways and an open patio. The building addition colors will match
the tans and browns of the existing church. The architecture of the proposed addition is compatible
with surrounding residential scale and style of the existing church and nearby existing and
remodeled residences.
8. The number of similar establishments or uses within close proximity to the proposed
establishment
St. Rocke, an entertaimnent venue located at 142 Pacific Coast Highway, is the nearest assembly
use; however it does not operate during the same times of day as the church and school, as it opens
at 6:00 p.m. Hermosa View Elementary School is the nearest school -type assembly use, and is
W0,JVVB ItHwoll
9. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools
With the exception of the closure of an unused driveway approach on Massey, existing driveways
will be maintained, and the building addition will occur on the interior of the property where the
building setbacks exceed minimum requirements, and below the existing roofline. No impacts we
identified with the configuration of the existing driveway approaches in the area. Therefore, no
future impacts are anticipated. I
10. Noise, odor, dust and/or vibration that may be generated by the proposed use
The proposed school classrooms, administration area and covered patio additions and operations, as
conditioned, are not expected to generate noise, odor, dust and/or vibrations. Recommended
conditions of approval require: noise emanating from the property shall be within the limitations
prescribed by the City's Noise Ordinance; music classroom activities with loud instruments such as
trumpets or drums or amplification shall be contained within the building with all doors and
windows fully closed; preschool playground use shall be limited to 9:00 a.m. to 5:00 p.m.; and the
building shall be equipped with air conditioning to maximize sound proofing. Therefore, noise and
vibration impacts to the nearest residential uses are not anticipated. Should noise issues occur,
remedies include, but are not limited to, cessation of amplified or loud instruments and/or an
acoustical study to determine appropriate mitigations such as installation of sound proof materials.
There are no additional vehicle trips anticipated as a result of the building additions; therefore, no
increase in roadway noise is anticipated. The short duration of noise events generated during
construction will temporarily result in increased ambient noise levels, but will not significantly
impact the ambient noise environment over the long tenn or for a significant period of time.
Compliance with the City's Noise Ordinance will effectively ensure that the project does not exceed
adopted standards and successfully avoids significant noise impacts.
11. Impact of the proposed use to the city's infrastructure, and/or services
streets, curbs, sidewalks, will be required pursuant to HBMC Section 12.08 Street, Sidewal� 'Curb'
and Gutter Construction. The site has historically operated as a church and school, and the
anticipated increase in demand on infrastructure and City services generated by the proposed
building addition is anticipated to be minimal.
12. Will the establishment contribute to a concentration of similar outlets in the area
The proposed school expansion will not contribute to a concentration of school uses in the area as the
subject site is an addition and remodel to the existing school use. No impacts are anticipated.
13. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms
Because the project is categorically exempt from the California Environmental Quality Act,
meeting all of the criteria for Infill Development Projects defined in CEQA Section 15332,
environmental mitigation measures are not required. However, the proposed resolution contains
specific conditions of approval customized to additionally ensure compatibility within the
neighborhood and community at large.
® Other considerations that, in the judgment of the Planning Commission, are necessary to
assure compatibility with the surrounding uses, and the city as a whole.
I
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Section 5. Based on the foregoing, the Planning Commission hereby approves the proposed
Conditional Use Permit Amendment 18-5 and Precise Development Plan 18-12 subject to the following
Conditions of Approval:
1. All previous Planning Commission Resolutions pertaining to the subject property at 320
Massey Street, 234 Prospect Avenue, 244 Prospect Avenue, 1225 5th Street and 1239 5th
Street (including P.C. Resolution 11-8) shall hereby be rescinded, and the Conditional Use
Permit and Precise Development Plan for the properties shall be governed exclusively by
the provisions herein and as set forth in the related resolution regarding Parking Plan
Amendment (PARK 18-3).
2. A school employee who is aware of the conditions of this Conditional Use Permit a
Precise Development Plan shall be on the premises during business hours. The
Conditional Use Permit and Precise Development Plan shall be maintained on the
premises in a location where employees can easily read the conditions. I
3. The proposed modifications to the building and uses shall be substantially consistent with
plans and application submitted and approved by the Planning Commission on December
10, 2018. The Community Development Director shall review and may approve minor
modifications that do not otherwise conflict with the Municipal Code or requirements of
this approval, provided that the use is not changed, intensity of use is not increased and
the arrangement of space would not increase negative impacts. Any substantial deviation,
changes to the floor plan, site plan, building exterior or addition to the hours of church
services, school use, and/or additional assembly type uses which alter the primary
function of the use as church and school (assembly hall uses) shall be subject to review and
approval by the Planning Commission.
11MIRIM, WIRIEF 1 1 1 1 , , I
5. Hours of operation of the assembly uses on the site shall be as follows:
a. School hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday.
b. Use of the outdoor preschool playground shall be limited to the hours of 9:00 am.
to 5:00 p.m.
c. Church services occurring during school hours on weekdays shall be limited a
single service commencing at 8:00 a.m.
7. Noise emanating from the property shall be within the limitations prescribed by the
City's Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.24) and shall not
create a nuisance to surrounding residential neighborhoods, and/or commercial
establishments.
fully closed. The music classroom shall be equipped with air conditioning to maximizl�"
sound proofing.
9. The eight tandem parking spaces on the site shall include striping and signage (vertical
and on -pavement markings) designating them for the exclusive use of teachers during
school hours.
10. Management of safe and efficient student drop-off and pick-up activities shall be
maintained in substantial conformance as outlined in the Traffic and Parking Analysis
dated October 2018, to the satisfaction of the Community Development Director.
11. Monitors (i.e., teachers, staff or school volunteers) shall be stationed outside the school
during peak drop-off and pick-up to maintain circulation flow and ensure student safety.
Parents/caregivers shall be instructed not to arrive for child pick-up during the stated
hours the preschool playground is in use (various hours between 9:00 a.m. and 5:00 p.m.
Monday through Friday) to reduce queuing on Massey Street. Enrollment materials sha
include advisement to use designated loading and unloading areas within the
church/school private property to reduce noise and traffic impacts to residences in the
vicinity and to avoid loading/unloading and congestion on public streets. Should verified
complaints be received by the City or problems occur regarding impact to residential
properties in the nity, and complaints are substantial or irresolvable, or should
problems continue, the Community Development Director shall refer the matter to the
Planning Commission for review of the Conditional Use Permit.
12. In the event of verified coij11pk,,W_s_tha delays i
the afternoons on Prospect Avenue, Massey Street or 5t" Street, the Community
Development Director shall require that the school open the gates an additional 15
minutes earlier than the time then in use for student pick-up activities.
13. Attendant(s) shall be available on the premises prior to weekend or evening church
services to direct and park vehicles on the premises when all available private parking
spaces are filled. The attendant(s) shall be responsible for parking of no more than 20
vehicles in excess of the number of parking stalls, and shall park these vehicles in
locations on the church/school private property identified by an overflow parking plan t
be approved by the Community Development Director.
I
A ' 1comloaints or Fcroblems occur with the manax,ement of . arking at the subject siti
as verified by the Community Development Director, a parking management plan shall
be submitted for review and subject to approval by the Community Development
Director. Should verified complaints and problems continue to occur, the parking
management plans it be modified to address those concerns to the satisfaction of the
Community Development Director. Should the complaints be substantial or irresolvable
or should problems continue, the Community Development Director may refer the matt
to the Planning Commission for review of the Parking Plan and/or any applicable
Conditional Use Permits associated with the subject sites.
15. Architectural treatments and accessory facilities shall be as shown on building elevation
site and floor plans approved by Planning Commission on December 10, 2018. Precise I
building height couipliance all be revies),ed at the finic otplan check, to the satisfadion
of the Community Development Director.
16. Any new roof mounted mechanical equipment shall be subject to the development
standards of HBMC Section 17.46.010. Roof elements listed in HBMC Section 17.46.010
are governed by the California Building Code and may exceed the height limit only by the
minimum amount necessary to comply with the California Building Code standards and
shall cover no more than rive (5) percent of the total roof area.
a. Any new roof mounted mechanical equipment shall be screened from view to tks
satisfaction of the Community Development Director.
17. All exterior lighting shall be downcast and fully shielded, and illumination shall be
contained within the property boundaries. New lighting shall be energy -conserving and
motion detector lighting shall be used for all light except low-level (three feet or less in
height) security lighting. Lamp bulbs and images for new fixtures shall not be visible
from within any on -site or off -site residential unit. New exterior lighting shall not be
deemed finally approve until 30 days after installation, during which period the Building
Official may order the dimming or modification of any illumination found to be
excessively brilliant or impactful to nearby properties.
HBMC Section 7.50. Shared parking use signage shall be established in all shared
parking lots, to the satisfaction of the Community Development Director.
19. Lighting for any new signage must be downcast and non -disruptive to nearby uses and
compliant with HBMC Section 17.50 (Signs).
® The process of loading, unloading, opening, closing or other handling of boxes, crates,
containers, building materials, garbage cans or similar objects between the hours of 10:00
® and 8:00 a.m. daily in such a manner as to cause is disturbance, except for solid
waste collection by a franchised collector, is prohibited pursuant to the City's Noise
Ordinance, HBMC Section 8.24.040.
21. No entertainment, music, speakers, televisions, or audio or visual media of any type,
whether amplified or unamplified, shall be provided outdoors or situated so as to be
clearly visible to the public right-of-way (sidewalk), with the exception of administratively
approved temporary minor special events in conformance with HBMC Section 17.42.150.
22. Two copies of a final landscape plan, consistent with landscape plans approved by the
Planning Commission, indicating size, type, quantity and characteristics of landscape
materials shall be submitted to the Community Development Department and Planning
Division for review and approval prior to the issuance of Building Permits. The final plan
shall also include the following:
a. A landscaping buffer with two minimum 36" box trees shall be maintained along
the north side adjacent to 51h Street. The two new trees shall be similar in size and
canopy to the two Olive trees to be removed for the new construction.
b. The -applicant -shall provide -a -landscape plan 1"onj ply with Hermosa lkoch
Municipal Code Sections 17.22.060(H) and 8.60.070 to the satisfaction of the
Community Development Director and Director of Public Works.
c. An automatic landscape sprinkler system consistent with Hermosa Beach
Municipal Code Section 17.22.060(H) shall be provided, and shall be shown on
plans (Building Permits are required).
23. The plans shall comply with Hermosa Beach Municipal Code Section 8.44.095 and
install permeable surfaces in the parking lot and other non -landscaped areas to the
maximum extent feasible. If providing water -permeable surfaces on at least 50% of
exterior surface area is not feasible and incorporating measures in 8.44.095 to the extent
practicable to infiltrate the volume of runoff produced by a 0.80 inch twenty-four (24)
hour rain event, then the applicant shall infiltrate runoff on -site. In the event that
subsurface infiltration is required, plans shall designate the exact location of the
subsurface infiltration system, the applicant shall enter into a maintenance agreement
with the City (prior to final map approval) for the ongoing infiltration, and provide a
surety bond to the City to guarantee that on -site, subsurface infiltration is achieved.
The amount of the bond shall be determined by the Building Division. All other
drainage shall be routed to an off -site facility or on -site permeable area approved by h
te
City. To the extent possible, a portion of roof drainage shall be routed to on -site
permeable areas. No drainage shall flow over any driveway or sidewalk.
24. If the drainage of surface waters onto the property requires a sump pump to discharge
said waters onto the street, the property owner(s) shall record an agreement to assume
the risk associated with use and operation of said sump pump, release the City from any
liability, and indemnify the City regarding receipt of surface waters from the property.
The recorded agreement must be filed with the City prior to issuance of the Certificate
Af Occupancy.
25. The property shall demonstrate the provision of enclosed solid waste facilities prior to
Certificate of Final Occupancy and compliance shall be maintained with HBMC Section
8.12.220.
26. The project and operations shall comply with all requirements of the City of Aermosa
Beach Building Division, City of Hermosa Beach Public Works Department and Los
Angeles County Fire Department, and the City of Hermosa Beach Municipal Code.
a. The applicant shall submit a plan for occupant load calculation and approval pri
to issuance of the Certificate of Final Occupancy. i
27. The applicant shall submit a demolition and construction management plan for review
and approval to the City Building Official at time of Building Permit submittal.
F-8. Building plans shall be submitted to the Los Angeles County Fire Department for review
and approval. Final fire inspections shall be coordinated with the Los Angeles County Fire
Department.
a) Install a new dewalk closed ahead" sign on a Caltrans standard barricade at the
southeast corner of 5th Street and Reynolds Avenue during the construction activity
period, as directed by the City of Hermosa Beach Public Works Director or designee.
b) Remove the existing unused driveway approach along Massey Street near the entrance
to the school and replace with new 611 curb and new sidewalk.
c) Remove and replace the existing driveway approach along Massey Street near the
southwest corner of the property.
d) Remove and replace sidewalk, curb and gutter along Massey Street as directed by the
Public Works Department.
e) Resurface 5t' Street from the property line to the center of the street.
f) Resurface Massey Street from the property line to the center of the street.
g) Comply with HBMC Chapter 8.44; Storm water and Urban Runoff Pollution Control
Regulation.
30. Civil engineering plans shall be prepared by a licensed civil engineer and conceptually
approved by the Public Works Department prior to submitting an application for
Building Permits. Complete civil engineering plans shall address grading, pavement,
sidewalk, curb and gutter improvements, on -site and off -site drainage (no sheet How
permitted), installation of utility laterals, and all other improvements necessary to comply
with the Municipal Code and Public Works specifications and shall be filed with the
Community Development Department.
a. Civil engineering plans shall include adjacent properties/structures, sewer laterals,
and storm drain main lines on the street.
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Sections 15.04.070 and 15.64.140. 'No work in the public right of way shall commence
unless and until all necessary permits are attained from the Public Works Department
including if required, an approved Encroachment Permit.
33. Prior to issuance of a Building Permit, abutting property owners and residents within 100
feet of the project site shall be notified of the anticipated date for commencement of
construction.
a. The form of the notification shall be provided by the Planning Division of t
Community Development Department.
b. Building permits shall not be issued until the applicant provides an affidav
certifying mailing of the notice.
c. Project construction shall conform to the Noise Control Ordinance requirements Ji
Section 8.24.050. Allowed hours of construction shall be printed on the buildi
plans and posted at the construction site.
d. During construction traffic control measures, including flagmen, shall be utilize't
to preserve public health, safety, and welfare.
�Utltl IRM'M CIE! 1 111,111
1flff" 3XF*i 84
of the permittee to cease any development or activity not in full compliance shall be a
violation of these conditions.
C-S. Prior to the submittal of structural plans to the Building Division for plan check, an
'Acceptance of Conditions' affidavit and recording fees shall be filed with the Planning
Division of the Community Development Department stating that the applicant/property
owner is aware of, and agrees to accept, all of the conditions of this permit of approval.
36. The applicant shall submit all required plans and reports to comply with the City's
construction debris recycling program including manifests from both the recycler a
County landfill; at least 65% of demolition debris associated with demolition of the
existing improvements and new construction shall be recycled. I
W—
YEN , —,dWc itionar-11se
Permit and may amend the subject conditions or impose any new conditions if deemed
necessary to mitigate detrimental effects on the neighborhood or to the public safety and
welfare resulting from the subject use pursuant to the procedures for
modification/revocation in the HBMC.
36. Approval of this permit shall expire thirty-six (36) months from the date of approval by the
Planning Commission, unless significant construction or improvements or the use
authorized hereby has commenced. One or more extensions of time may be requested. No
extension shall be considered unless requested, in writing to the Community Development
Director including the reason therefore, at least 60 days prior to the expiration date. No
additional notice of expiration will be provided.
Section 6. This permit shall not be effective for any purposes until the permittee and the owners
ii*ikv 6t 9MM"M
Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of
this permit.
The Precise Development Plan and Conditional Use Permit shall be recorded, and proof of recordatil
. . . . . . . . . . . . _E k r tn flip i QQ1 �np n-
Each of the above conditions is separately enforced, and if one of the conditions of approval is found
be invalid by a court of law, all the other conditions shall remain valid and enforceable. i
Mr R r, 1I 1 *17, Tmn" 17 �Q 4
Beach, its City Council, its officers, employees and agents (the "indemnified parties") from and against
a claim action, or uroccedi-tv- �xoi ' th3L-9-tbir-� &yl-% A 22g�raugh�'
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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 permit. 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.
Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the
decision oftheFianning Commission, after a formal appeal to the City Council, must be made within
90 days after the final decision by the City Council,
VOTE: AYES: Commissioners Pedersen, Sae mann, Hoffman, Flaherty and
Chairperson Rice
NOES:
ABSTAIN:
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 18-32 is a true and complete record of the action taken
by the Planning Commission of the City of Hermosa Beach, California jot it§, regular meeting of
December 10, 2018.
Ile
. . .............. -- - -- ------ V -----------------------------------
'!"� . . .. . .. ... . .. ........... ..................... . ..... . .. . .. . . ............... . . . . . Marie Rice, Cliaiqiersoii 11 gK"I'tsol')' Secretary
December 10, 2018
Date
Page 12 - CUP 18-5 & PDP 18-12