HomeMy WebLinkAboutPC Resolution 94-19 - (1107 PCH)1
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P.C. RESOLUTION 94-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AND PRECISE DEVELOPMENT PLAN TO ALLOW A 1500 SQUARE
FOOT DRIVE-THROUGH FAST FOOD RESTAURANT, "McDONALDS," AND
TO ADOPT AND ENVIRONMENTAL NEGATIVE DECLARATION AT 1107
PACIFIC COAST IDGHWAY AND LEGALLY DESCRIBED AS LOTS 1-4
INCLUSIVE, BLOCK 1, TRACT 6851
WHEREAS, the Planning Commission held a public hearing on July 5, 1994, to
receive oral and written testimony regarding an application for a Conditional Use Permit
and Precise Development Plan and made the following findings:
A.
B.
C.
D.
F.
The project is consistent with applicable general and specific plans, and is in
compliance with the use and development requirements of the zoning ordinance ;
The site is zoned C-3 General Commercial and is surrounded by commercially
zoned and commercial uses, and is thus suitable for the type and intensity of the
proposed development;
Compliance with the conditions of approval will mitigate any negative impact
resulting from the issuance of the conditional use permit and precise
development plan;
The project exhibits the appropriate scale, and a quality of design and construction
materials, which will make it compatible with surrounding commercial
development;
An initial environmental assessment has been prepared by the staff environmental
review committee which found that the proposed project will result in less than
significant impacts on the environment because it replaces a pre-existing use of the
site which is the same as the proposed project, and with the incorporation of
conditions below, will result in a less than significant impact on the environment.
2 a NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Hermosa Beach, California does hereby approve a Conditional Use Permit
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and Precise Development Plan to allow a drive-through fast food restaurant subject
to the following conditions:
SECTION I Specific Conditions of Approval
1.
2.
3.
4.
5.
6.
7.
8.
The project shall be substantially consistent with submitted plans reviewed by the
Planning Commission on July 5, 1994. Any minor modifications to the plan shall
be reviewed and may be approved by the Planning Director.
The subject lots 1-3 shall be merged together, pursuant to Section 29.5-29, prior
to the issuance of building permits.
The access currently available to the service station/market property from 11th
Street is being re-aligned 10 feet to the west to stay clear of the new drive through
lane, and thus will partially be on the private property. Said access shall be
continually maintained and assured through a recorded access agreement, with the
city a party thereto, to the satisfaction of the City Attorney. The agreement shall
run permanently. with both properties should the public right-of-way be vacated.
The hours of operation shall be limited to between 5:00 AM. and Midnight, daily.
A "no right turn" sign shall be posted at the driveway exit onto 11th Street.
Architectural treatment shall be as shown on building elevations and any
modification shall require approval by the Planning/Community Development
Director.
A The ceramic tile wainscot finish shall be incorporated into the project, and
shall not be an option of operator
Three (3) copies of detailed plans for signage shall be submitted for review and
approval by the Planning/Community Development Director prior to issuance of
permits and shall comply with the following:
A The plans for signs shall be generally consistent with the signs as shown on
the submitted building elevations.
B. Unless the alteration of the existing pole sign involves facial copy change
only, any new free-standing/pole sign shall comply with Section 13 .5-14 of
the zoning ordinance.
Three (3) copies of a landscaping plan indicating size, type, and quantity of plant
materials to be planted and/or showing existing landscaping to be maintained shall
be submitted to the Planning/Community Development Director for review and
approval prior to the issuance of Building Permits.
A An automatic irrigation system shall be provided, and shown on the plans.
B. Existing mature trees located along the northerly property line shall be
retained on site, or, alternatively, replaced with an equal number of
specimen size trees (minimum 36" box, and 10-foot height when planted.
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SECTION IT General operating and standard conditions
1.
2.
The project shall comply with the requirements of the Public Works Department,
including those requirements listed in the attached memorandum dated June 8,
1994.
The project shall comply with the requirements of the Fire Department, including
those requirement listed in the attached letter dated May 28, 1994.
6 3. 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 approved by the Planning/Community Development Director
prior to the issuance of any building permit, and shall include the following
corrections;
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A. The retaining wall shall be removed within the access drive connecting 11th
Street with the property to the north of the site, and the site shall be graded
to allow for convenient passage of vehicles.
12 4. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
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5.
6.
7.
8.
All exterior lights shall be located and oriented in a manner to insure that
neighboring residential property and public right-of-way shall not be adversely
effected.
Oil separators shall be provided to filter storm water runoff from the parking lot
area before it enters the City's storm sewers, subject to approval by the Public
Works department.
Any violation of the conditions of approval and/or violation of the Hermosa Beach
Municipal Code may be grounds for a public hearing for revocation of the
conditional use permit.
The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
SECTION III
This grant shall not be effective for any purposes until the permittee and the owners of the
property involved have filed a the office of the Department of Planning 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 of
recordation shall be submitted to the Planning 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.
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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.
SECTION IV
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.
VOTE: AYES:
NOES:
ABSENT:
ABSTAIN:
Comms.Dettelbach,Di Monda,Marks, Chmn.Merl
None
Comm.Suard
None
CERTIFICATION
~-t¥:t'il,fl;--Chaitman Joseph Di Monda c ae1 ubacn, Secretary
] _,. L q .A{ f Vice Chairman
Date
w/pcrsl 107
4
C
TO:
CITY OF HERMOSA BEACH
Inter-Office Memorandum
Ken Robertson, Associate Planner
FROM: Amy Amirani, Director of Public Works
Project Review at 1107 Pacific Coast Highway
June 8, 1994
SUBJECT:
DATE:
1. PUBLIC WORKS REQUIREMENTS:
A. Remove and replace the sidewalk on Pacific Coast Highway (PCH).
B. Remove and construct new curb and gutter from PCH to west property
line on 11th Street.
C. Construct a handicap ramp at the comer of PCH and 11th Street.
D. Replace lid on pull box for street light at the comer of 11th Street and
PCH.
E. Move the alley entrance on 11th Street west, so that incoming cars will not
b~ in conflict with cars in the drive-through lane. _
2. ITEMS OF DISCUSSION:
bc/a/bc2
A. Should the City vacate the alley and sell the property to McDonald's?
B. Vehicles shall only exit from 11th Street for safety reasons.
C. What kind of arrangement(s) will be made for ingress and egress across the
private property to the north of this location?
D. Any traffic signal and/or signs modification costs shall be born by the
developer or the property owner in the future, if such modification(s) is
requested by that entity.
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RECEIVED
JUN 9 199't
PLANNl~iG DtPT.
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C C
HERMOSA BEACH FIRE DEPARTMENT
May 28, 1994
TO: Planning Department
Ken Robertson, Associate Planner
RE: Mc Dona 1 d's
1107 Pacific Coast Highway
In regard to the fire safety requ1rements for the new McDonald's· /
restaurant, We are 11st1ng the following requirements ..
I •
·It shall be the responsibility of the owner of this project to receive bids
on, and choose the 1nstaller of any fire protection system required by this
Department.
NOTE: The following requirements shall be listed on two sets of I.C.B.O.
approved p 1 ans.
I) ADDRESS: Provide an address and unit number near the front d
. oor of the business. This address shall be visible and legible from
Pacific Coast Highway. Sec. 10.208 Ca)
2) A AUTOMATIC FIRE-:EXTINGUISHING SYSTEM IS REQUIRED
FOR KITCHEN STOVES, FRYER, HOODS DUCTS & NEW BARBECUE
1991 UFC Sec 10.313. ..
3) Portable Fire Extinguishers: Provide one 2A-1 OBC
extinguisher in the dining area.
Provide one 4O-BC extinguisher in the kitchen area.
Location to be specified on construction plans.
4) All furn1sh1ngs 1n public buildings shall comply with TECHNICA
L BULLETIN 133.
If you have any questions, please contact me at (310) 376-2479
Sincerely,
tlvu~----
Vince Bruccolieri TAPE 1, 1107_ PCH McDonald's
Engineer, Hermosa Beach Fire Dept.
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RECEIVED
MAY 3 1 199't
PLANNING DEPT.
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