HomeMy WebLinkAboutPC Resolution 01-31 - (1401 PCH)1
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P.C. RESOLUTION NO. 01-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AND PRECISE DEVELOPMENT PLAN FOR A ONE-STORY
3,600 SQUARE FOOT DRIVE-THROUGH BANK AT 1401 PACIFIC
COAST IDGHWAY, AND LEGALLY DESCRIBED AS A PORTION OF
LOT 10, BLOCK 80, 2ND ADDITION TO HERMOSA BEACH
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
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Section I. An application was filed by Union Bank of California lessee of property at
1401 Pacific Coast Highway seeking approval of a Conditional Use Permit and Precise
Development Plan to construct a bank building with a drive-through teller window.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Conditional Use Permit and Precise Development Plan on October
9, 2001, at which 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
15 makes the following factual findings:
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1. The applicant is proposing to construct a one-story bank building containing 3,600
square feet with a drive-through teller window, which requires a Precise Development Plan
pursuant to Chapter 17.58 of the Zoning Ordinance.
2. Pursuant to Section 17.26.040 regarding similar uses, the City Council determined
that the proposed use with the drive-through teller window may be permitted in.conjunction with
the bank with the approval of a Conditional Use Permit.
3. The subject site is located at the northwest comer of P.C.H. and Pier Avenue. The
property contains an existing restaurant (IHOP) and a vacated former gas station site and is
surrounded by other commercial uses and commercially zoned property. The existing restaurant
has 28 parking spaces, which is slightly deficient with respect to parking requirements (30
required). The proposed project involves the construction of a new bank building on the former
gas station site, and retention of the restaurant and parking area on the northern portion (with no
improvements). The proposed bank building will be located towards the front of the lot with the
drive-thru teller lane and the bulk of parking located behind the building.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for a Conditional Use Permit and Precise
Development Plan.
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5. The project shall comply with the requirements of the Fire Department and the
Public Works Department.
6. The applicant shall obtain approval from the California Department of
Transportation for ingress and egress at the proposed driveway locations, and any
design requirements of CalTrans shall be included on project plans prior to issuance
of building permits.
7. The applicant shall through sublease convey to the City for long term purposes the
15' X 15' area as identified on project plans for City use as a downtown gateway
sign and landscaping.
8. Final building plans/construction drawings including site, elevation, floor plan,
sections, details, signage, 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.) Detailed landscaping plans shall be included which specify plant sizes, with all
proposed trees to be minimum 24" box size and shrubs minimum 5 gallon
size, and which specify landscaping.
9. All exterior lights shall be located and oriented in a manner to insure that
neigb.boring residential property and public right-of-way shall not be adversely
effected.
10. An oil separator for on-site stormwater drainage shall be provided in the parking
lot to the satisfaction of the Public Works Department.
11. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
Section 6. 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 shall be recorded, and proof
25 of recordation shall be submitted to the Community Development Department.
26 Each of the above conditions is separately enforced, and if one of the conditions of
21 approval is found to be invalid by a court of law, all th~ other conditions shall remain valid and
enforceable. 28
29 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
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employee to attack, set aside, void or annul this permit approval, which action is brought within
the applicable time period of the State Government Code. 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.
The Planning Commission may review this Conditional Use Permit and Precise
Development 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.
Section 7. Pursuant to the Code of Civil Procedure Section 1094.6 any legal challenge to
the decision of the Planning Commission, after a formal appeal to the City Council, must be
made within 90 days after the final decision by the City Council.
10 VOTE: AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti
None
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NOES:
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 00-31 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
regylar meeting of October 16, 2001. ·,
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Date
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