HomeMy WebLinkAboutPC Resolution 13-12 - (1086 Aviation and 1111 Prospect)P.C. RESOLUTION 13-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, AMENDING A
CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN
TO CONVERT AN AUTO BODY, PAINTING AND GENERAL REPAIR
USE TO AUTO REPAIR AND SALES FOR A MAXIMUM OF TWO
VEHICLES; SUBSTANTIALLY REPLACE 4,816 SQUARE FEET OF
BUILDINGS WITH 13,573+ SQUARE FEET OF BUILDINGS,
SURFACE PARKING AND LANDSCAPING; AND AMEND HOURS OF
OPERATION AND OTHER CONDITIONS FOR CONSISTENCY WITH
THE REVISED USE AND SITE PLAN; SUPERSEDING PLANNING
COMMISSION RESOLUTION 92-62; AND ADOPTING AN
ENVIRONMENTAL NEGATIVE DECLARATION; AT 1111
PROSPECT AVENUE AND 1086 AVIATION BLVD, LEGALLY
DESCRIBED AS LOTS 1 AND 2 TRACT NO. 8519, CITY OF
HERMOSA BEACH
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed by Michael Badawy of Lexology, Inc. seeking
approval of amendments for the Conditional Use Permit and Precise Development Plan to
convert an auto body, painting, and general repair use to auto repair and sales for a maximum of
two vehicles and substantially replace 4,816 square feet of buildings with 9,203 square feet of
buildings, surface parking and landscaping at I I I I Prospect Avenue and 1086 Aviation Blvd.
Pursuant to Commission discussion on April 16, 2013, the applicant revised the plans to provide
subterranean parking thereby increasing building size to approx. 13,573+ square feet with 33
parking spaces of which 11 are accessed from Prospect Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the application for the Conditional Use Permit and Precise Development Plan amendments on
April 16 and June 18, 2013, at which testimony and evidence, both written and oral, was
presented to and considered by the Planning Commission.
Section 3. Based on the testimony and evidence received, the Planning Commission
makes the following factual findings:
1. The applicant proposes to amend the existing Conditional Use Permit and Precise
Development Plan at 1086 Aviation Blvd and I I I I Prospect Avenue allowing auto
body, repair and painting use, with a revised entitlement that only allows auto repair
and sale of a maximum of two vehicles. The existing Conditional Use Permit and
Precise Development Plan were approved by the Planning Commission via
Resolution P.C. 92-62.
2. The site is zoned C-3 General Commercial which allows auto repair and sales
facilities with a Conditional Use Permit.
3. The existing 4,816+ square feet of buildings are proposed to be partially demolished
and replaced by an approximately 13,573 square foot, 2-story building fronting
Aviation Blvd. to include auto repair use on the lower level accessed from Aviation
Blvd. and office to serve the business on the second level accessed from Prospect
Avenue and internally from the lower level.
4. Required parking for the project pursuant to Section 17.42.020 is 16 spaces and 33
spaces will be provided onsite with 11 parking lot spaces accessed from Prospect
Avenue and space for at least 22 vehicles accessed from Aviation Blvd. Of the total
number of spaces, 14 spaces would be provided in tandem; however since the total
number of spaces, discounting the tandem spaces (i.e., 19 not in tandem) will exceed the
required number of parking spaces (16 spaces) it is not necessary for the Parking Plan to
consider this element.
5. Hours of operation are proposed to be modified from Monday through Friday 8:00
A.M. to 6:00 P.M. and Saturday 9:00 A.M. to 6:00 P.M., to Monday through Friday
8:00 A.M. to 6:00 P.M. and Saturday 8:00 A.M. to 4:00 P.M.
6. An Acoustical Analysis, Davy & Associates, Inc., January 2013, and Traffic Impact
Analysis & Parking Study and Addendum, Minagar & Associates, Inc., February 4
and March 13, 2013 have been submitted by the applicant.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings for a Conditional Use Permit and Precise Development Plan Amendment
pursuant to H.B.M.C. Sections 17.40.020 and 17.58.030, finding that the that the project is
compatible with the surrounding area, the proposal will not be detrimental to property values and
environmental impacts are insignificant:
A. Distance from existing residential uses: Abutting the project site along Prospect Avenue to
the southwest is a single family residence, with single family and multi -family residences
located east of the project site, zoned R-2. The existing paint shop located on Prospect
Avenue adjacent to residential use will be demolished and painting as well as body shop use
will be extinguished and no longer allowed, which will reduce existing impacts. The design
of the new building is a two-story, low profile building fronting Aviation Blvd. that will
substantially improve the aesthetics of the site which is consist of multiple uncoordinated
and generally not well -maintained buildings. The new building will be constructed on the
lower elevation section thereby providing a one-story high profile in order to not disturb
established scenic ocean views from neighboring residential properties. The Traffic Impact
Analysis & Parking Study and Addendum prepared by Minagar & Associates found that
impacts to Prospect Avenue, nearby residential uses, and pedestrian travel, including that
associated Hermosa View School on Prospect Avenue would not be significant.
Existing sources of lighting within the project area include signage from neighboring
businesses along Aviation Blvd., overhead street lighting, and general building illumination.
Parking lot standards and project conditions require lighting for the project will be limited to
the least powerful wattage necessary with no light bulbs or lamps visible from within any
residential property.
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The project site has been neglected and is overrun with weeds and used automobile parts in
conflict with Section 17.26.050 of the H.B.M.C. and Resolution 92-62. Landscaping
square footage will increase from 942 to 2,370 square feet. The required side yard setback
of eight feet with irrigated landscaping is provided adjacent to the abutting R-2 zone per
Section 17.26.050(H) and (L).
The Acoustical Analysis by Davy & Associates, Inc. concluded that noise related impacts to
surrounding properties are not anticipated during operation of the proposed auto repair shop.
Based business characteristics, opening one hour earlier on Saturday should not result in
impacts to residential uses as indicated in the Noise Study and because arriving vehicles
will tend to enter through the Aviation Blvd. entrance.
B. The amount of existing or proposed off-street parking facilities, and its distance from the
proposed use: The project site is required to supply 16 parking spaces. The project will
provide a total of 33 parking spaces onsite, plus several overflow spaces. The Traffic
Impact Analysis & Parking Study for Lexology Auto Repair and Addendum, 2/4/2013 and
3/13/2013 prepared prior to the increase in spaces from 22 to 33, indicated that parking
space total and configuration was acceptable for the proposed business.
The Traffic Impact Analysis & Parking Study recommends establishing a no parking
zone (red curb) approximately 25 feet on both sides of the Prospect Avenue driveway to
improve the sight distance of vehicles exiting the parking lot. Two or three on -street
parking spaces may be eliminated. The Municipal Code does not require commercial uses
to replace lost on -street parking. The Public Works Department will evaluate this
recommendation for implementation as may be warranted.
C. Location of and distance to churches, schools, hospitals and public playgrounds: The
project site has operated as an auto body, repair and painting facility with access from both
Aviation and Prospect since 1992 with no known impacts to the Church of Christ at the
corner of Corona St. and Aviation Blvd. or Hermosa View School along Prospect Ave. The
proposed project is a marginal change in use from auto body, general repair and auto
painting, to general auto repair with not more than two vehicles offered for sale. Hours of
operation will not include evenings or Sundays and no conflicts are anticipated.
D. The combination of uses proposed: The proposed combination of uses, auto repair and car
sales, limited to two vehicles, are compatible uses commonly undertaken at the same
business site.
E. Precautions taken by the owner or operator of the proposed establishment to assure the
compatibility of the use with surrounding uses: Site design has placed all auto repair
facilities facing Aviation Blvd., a commercial corridor, so as to orient operations and noise
away from residential uses.
F. The relationship of the proposed business -generated traffic volume and the size of streets
serving the area: The Traffic Impact Analysis & Parking Study indicates the project
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would not adversely impact the study intersection (Aviation Blvd and Prospect Avenue)
and/or cumulative background traffic. The traffic study analyzed the existing level of
service of the intersection at Aviation Blvd and Prospect Ave, the anticipated number of
vehicle trips generated as a result of the proposed project, and the cumulative effect of other
projects in the City. The study identified that the existing level of service at the intersection
of Aviation Blvd and Prospect Ave is deficient and that the proposed project would increase
vehicle trips to the site by 0.2% during A.M. hours and 0.3% during P.M. hours. This
marginal increase in traffic volume at the study intersection is not considered significant.
The City's Traffic Engineer, Harzog & Crabill, has reviewed the studies and concurs with
the methodology and conclusions.
G. The proposed exterior signs and decor, and compatibility thereof with existing
establishments in the area: The current site and buildings has been neglected and vehicles
and parts are being stored outside inconsistent with Resolution 92-62. The building
immediately fronting Prospect will be removed and the new building will be setback
from the street. The proposed building will be a modern style two-story building with
concrete veneer, stainless steel panels, and tile panels with 6 foot high metal security
gates securing the entrances and parking lot. Proposed signage on the building and walls
is oriented to both Aviation Blvd. and Prospect Avenue and will be compliant with
Section 17.50.140 Signs. Landscaping square footage will be increased and installed
adjacent to the abutting residence and will be in compliance with Sections 17.26.050 and
Chapters 8.56 and 8.60 of the H.B.M.C. Plantings on the city `parkway' along Prospect
Avenue will not be affected by the project. The project will continue the improved
appearance of Aviation Blvd. demonstrated by the adjacent veterinary business.
H. The number of similar establishments or uses within close proximity to the proposed
establishment; Will the establishment contribute to a concentration of similar outlets in
the area: The closest similar businesses are Bucks Body & Fender at Repair at 1231
Prospect and AAMCO at 1120 Aviation, both less than a block to the north and east, and
Ocean Tire located on Aviation about two blocks to the west. The subject business
proposes to modify the existing CUP which runs with the land.
I. Noise, odor, dust and/or vibration that may be generated by the proposed use: The
existing body shop and paint shop use allowed by the existing CUP will be discontinued.
Odor, dust and vibration are not anticipated to be generated by the proposed use. Noise
concerns are addressed under item A above and are not significant.
J. Impact of the proposed use to the city's infrastructure, and/or services: The project site
has operated a similar type of auto facility since 1992. The proposed use is comparable
to the previous use and is not anticipated to increase demand on the city's infrastructure
and/or services.
K. 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: While the
PCH/Aviation Blvd. Improvement Committee is studying ways to improve the Aviation
Blvd. corridor, no specific proposals have been adopted by the City. In recognition that
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this Aviation/Prospect intersection is positioned as a potential gateway, the applicant
redesigned the corner to set the building back and provide a series of raised planters.
Section 5. Pursuant to the California Environmental Quality Act ("CEQA") and the City's
CEQA Guidelines, an Initial Study was prepared finding that there was no substantial evidence,
in light of the record before the City, that the project would have a significant effect on the
environment and a draft Negative Declaration was prepared. The Planning Commission has
reviewed the Negative Declaration, project changes to alleviate parking considerations, and all
comments received regarding the Negative Declaration, and based on the record as a whole, the
Planning Commission finds that the Negative Declaration was prepared in compliance with
CEQA and there is no substantial evidence that the proposed project will have a significant effect
on the environment, and the Planning Commission hereby adopts the Negative Declaration.
Section 6. Based on the foregoing, the Planning Commission hereby approves
Conditional Use Permit Amendment 12-11 and Precise Development Plan amendment 12-11
subject to the following Conditions of Approval:
Design and Construction:
1. The proposed development shall be in substantial conformance with submitted
plans reviewed by the Planning Commission on June 13, 2013, except as required to
be modified to comply with the conditions below. Minor modifications may be
reviewed and may be approved by the Community Development Director provided
the types of use are not modified and the intensity of the allowed uses are
substantially modified in a way that would be inconsistent with the findings and
conditions of this resolution.
2. The subject lots, Lots 1 and 2, Tract 8519, shall be merged via a Boundary Line
Adjustment and recorded prior to issuance of a building permit.
3. Architectural treatment shall be as shown on the Architectural Plan and any
modification shall require approval by the Community Development Director;
unpainted unarticulated block is unacceptable.
a. No mechanical equipment shall be located within setbacks proximate to the
R-2 zone and all mechanical equipment shall be located and oriented to
reduce impacts to residential uses.
b. All roof equipment shall be integrated into the architecture and screened
from view and any portion that exceeds the height limit shall not cover more
than 5% of the roof area compliant with Section 17.46.010 of the Zoning
Ordinance. Notwithstanding Section 17.46.010, such elements shall be
designed to maintain a low profile to the maximum extent possible.
c. Above ground utility installations shall be located to minimize impacts to all
residential properties to the maximum extent possible.
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4. A six-foot high decorative wall, with texture and finish to match the building shall
be installed along the southwest and southeast property lines which abut the R-2
zone, to be approved by the Community Development Director. The wall shall be
completed prior to Final Occupancy Permit for the new building. Chain link or
similar fencing is not permitted.
5. Two copies of a final landscaping plan indicating size, type, and quantity of plant
materials to be planted shall be submitted to the Community Development
Department, Planning Division for review and approval prior to the issuance of
Building Permits, consistent with landscape plans submitted to the Planning
Commission and consistent with Section 8.60.060 and Chapter 8.56. An automatic
landscape sprinkler system consistent with Section 8.60.060(D) shall be provided,
and shall be shown on plans (Building Permits are required).
a. Trees provided along the southwest and southeast property lines shall be
appropriate for buffering (palm trees are not acceptable) and shall be a
minimum of 24" box trees.
b. Site, planter and landscape design at the intersection of Aviation Blvd. and
Prospect Avenue shall reflect its position as a city gateway. Landscaping
shall be selected so as to present a varied profile. Dead or dying plantings at
this location and on the site generally shall be replaced and well maintained.
c. Only drip irrigation shall be used.
6. Two copies of final construction plans, including site, elevation and floor plans,
which are consistent with the conditions of approval of this conditional use permit,
shall be revised and approved by the Planning Division for consistency with
Planning Commission approved plans prior to the submittal to the Building Division
for Plan Check.
7. Any existing or proposed encroachments in the public right-of-way shall comply
with or be corrected as necessary to meet the requirements of Chapter 12.16 of the
Municipal Code, including the requirement to obtain an encroachment permit from
the Public Works Department.
8. Project construction shall protect private and public property in compliance with
Sections 15.04.070 and 15.04.140. No work in the public right of way shall
commence unless and until an Encroachment Permit has been approved by the
Public Works Department., and driveway widths and aprons must comply with
Public Works standards, and all other offsite improvements required by code and
adopted standards must be complied with.
9. 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
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and County landfill; at least 65% of demolition debris associated with demolition of
the existing improvements and new construction shall be recycled
10. Project construction shall conform to the Noise Control Ordinance requirements in
Section 8.24.050. Allowed hours of construction shall be printed on the building
plans and posted at construction site.
11. The development of all parking facilities shall comply with the requirements of
Chapter 17.44. Required disabled space shall be appropriately signed.
12. All exterior lighting shall be down cast, fully shielded and illumination shall be
contained within the property boundaries. Lighting shall be energy conserving and
motion detector lighting shall be used for all lighting except low-level (3 feet or less
in height) security lighting and porch lights. Lamp bulbs and images shall not be
visible from within an onsite or offsite residential unit. Exterior lighting shall not be
deemed finally approved 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 impacting to nearby properties.
13. A Standard Urban Storm Water Mitigation Plan shall be submitted and in full
compliance with Chapter 8.44 `Stormwater and Urban Runoff Pollution Control
Regulations.' Gradiagg and draina a shall be confi pared to ensure all water is retained
onsite and bio-filter required/oil and water separator units shall be provided to filter
stormwater runoff from the parking lot before it enters the City's stormwater
system, subject to approval by the Public Works Department.
14. The plans and construction shall comply with all requirements of the Building Code
in Title 15 and Green Building Standards in Chapter 15.48. The plans shall comply
with Subsection A5.106 (Site Development) of Section 15.48.020. If providing water
permeable surfaces on at least 50% of exterior surface area is not feasible, the
applicant shall infiltrate runoff onsite. In the event that subsurface infiltration is
required, plans shall show 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 onsite, subsurface infiltration is achieved. The amount of the bond
shall be determined by the Building Division. All other drainage shall be routed to
an offsite facility or onsite permeable area approved by the City. To the extent
possible, a portion of roof drainage shall be routed to onsite permeable areas. No
drainage shall flow over any driveway or sidewalk.
15. Any existing or proposed encroachments in the public right-of-way shall comply
with or be corrected as necessary to meet the requirements of Chapter 12.16 of the
Municipal Code, including the requirement to obtain an encroachment permit from
the Public Works Department.
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16. Project construction shall protect private and public property in compliance with
Sections 15.04.070 and 15.04.140. No work in the public right-of-way shall
commence unless and until an Encroachment Permit has been approved by the
Public Works Department.
17. Adequate corner vision clearance shall be provided to the satisfaction of the Public
Works Director.
18. Prior to issuance of a building permit the applicant shall provide evidence that a
letter has been submitted to the Public Works Director together with the Traffic
Impact Analysis requesting the City to designate a red `no parking' zone for a
distance of 25 feet on each side of the driveway apron. The issuance of this permit is
not contingent on approval of the request.
19. The project shall comply with all requirements of the City Building, Fire, and
Public Works Departments and maintain conformance with all other applicable
City of Hermosa Beach and regulatory agency requirements and standards.
20. Prior to issuance of a building permit, abutting property owners and residents
within 100 feet shall be notified of the anticipated date for commencement of
construction. The form of the notification shall be provided by the Planning Division
of the Community Development Department. Building permits will not be issued
until the applicant provides an affidavit certifying mailing of the notice.
21. 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
and County landfill; at least 65% of demolition debris associated with demolition of
the existing improvements and new construction shall be recycled
22. An application for a sign permit encompassing all signs on the property shall be
approved by the Community Department prior to certificate of Final Occupancy in
substantial compliance with this permit and Chapter 17.50. No pole signs shall be
allowed.
Use and Operations:
23. The use is limited to automotive and light truck repair and a maximum of two
automobiles or light trucks offered for sale at any one time. Storage of vehicles,
parts, equipment or materials of any type in the outdoor parking areas or any other
location on the premises shall be prohibited, except vehicles waiting for service or
pick-up may be stored for a maximum of 72 hours. Dismantling and storage of
vehicles for parts shall be strictly prohibited. Vehicles offered for sale shall be
parked on the lower level only. Parkin s aces to accommodate all em to ees shall
be provided, and they shall be located on the lower level only.
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24. Repair, service, and maintenance of vehicles and all work activity shall be
conducted solely within buildings. All outdoor work activity shall be prohibited.
(Minor examination of operable vehicles on the lower level of the site for the
purpose of making estimates not lasting more than 15 minutes is excluded.)
25. Vehicles that have been serviced at the subject shop may be cleaned and washed
within the building as shown on the site plan as a courtesy to the customer. No
other auto washing services shall be provided. Such activity shall recycle waster
and comply with water conserving regulations set forth in Chapter 8.56.
26. The hours of operation shall be limited to Monday thru Friday 8:00 A.M. to 6:00
P.M. and Saturday 8:00 A.M. to 4:00 P.M.
27. The business shall comply with Municipal Code Chapter 8.24 (Noise Control) and
noise from the premises shall not constitute a public nuisance.
a. Air compressors and any other mechanical equipment shall be located within
the buildings and shall be operated only when doors and windows are fully
closed.
28. Disposal of hazardous 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.
29. There shall be no bells, buzzers, or similar apparatus audible outdoors. Outdoor
speakers for any purpose shall be prohibited.
30. Movement of vehicles from the lower level by the business shall be conducted with
protection of pedestrians, bicyclists, skateboards and children in mind. Employees
test driving or tnovi.ng customer vehicles shall be directed to use commercial rather
than residential streets.
31. All outdoor areas, areas visible to the public including the lower level driveway, and
parking and driveway areas shall be maintained free of unregistered and derelict
vehicles, wrecked vehicles, and/or parts and debris.
32. The public right-of-way shall not be used for the parking or storing of vehicles that
are intended for sale, repair, or service. Employees shall be directed to park on the
subject site rather than on Prospect Avenue.
33. The exterior of the premises shall be maintained in a neat and clean manner and
free of graffiti at all times.
34. Exterior and interior water use shall comply with Section 8.56 `Water Conservation
and Drought Management Plan.' Proof of compliance with water conserving
devices shall be provided.
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35. Solid waste facilities shall comply with Chapter 8.12. Trash and recycling on the
site shall be enclosed and roofed so they are not visible from the street. Said
enclosure shall be compatible with the site architecture.
36. The establishment shall not adversely affect the welfare of residents, and/or
commercial establishments nearby.
37. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
General:
38. Planning Commission Resolution 92-62 is hereby superseded and shall be null and
void and of no further effect.
39. 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 hereafter adopted that is 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.
40. The Planning Commission may review this Conditional Use Permit 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.
41. Approval of this permit shall expire twenty-four (24) 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 7. 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 and Precise Development
Plan Amendment and shall be recorded, and proof of recordation shall be submitted to the
Community Development Department prior to the issuance of a building permit.
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.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
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from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
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:
Comms.Allen,Flaherty,Hoffman,Perrotti,Chmn.Pize
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 13-12 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at its regular
meeting of June 18, 2013.
Ron Pizer, Chairman °°e�i Rolca°lwo�cret�r
June 18, 2013
Date
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