HomeMy WebLinkAboutPC Resolution 92-26 - (950 Aviation Blvd)• ~-..
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P.C. RESOLUTION 92-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PARKING
PLAN TO ALLOW AN AMUSEMENT ARCADE (SPECIFIC TO SLOT CAR RACING}
IN CONJUNCTION WITH THE INCIDENTAL SALE OF SLOT CARS AND RELATED
ITEMS, AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION
AT 950 AVIATION BOULEVARD (SUITES A & B}, LOTS 87 THRU 94
INCLUSIVE, TRACT NO. 5650
WHEREAS, the Planning Commission held public hearings on
April 21 and May 5, 1992, to receive oral and written testimony
regarding both an application for a Conditional Use Permit and a
Parking Plan at 950 Aviation Boulevard and made the following
findings:
A. The proposed use is considered an "Amusement Arcade" pursuant
to Section 203 .1, and conditionally permitted in C-3 Zones
under the category of "Game Arcade";
B. The retail hobby items intended to be sold in conjunction
with the racing of slot cars are incidental to the primary
Assembly/Arcade use of the space;
C. The existing parking lot provides one (1) space for each 300
sq. ft. of floor area, approved under 1981 requirements, for
general office and retail uses;
D. The proposed use, with the limitations imposed by this
Resolution, and the use of the facility by a number of
patrons who do not yet drive, would not generate the amount
of parking typically assigned to recreation or amusement
establishments;
E. The parking lot will able to support the change in use, as
the anticipated peak use of the arcade will be evenings and
weekends when there is little or no demand for the offices;
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thus the spaces made available through shared parking could
absorb any increased demand caused by the use change; . ' . . . . . .
F. The proposed use is appropriate for the surrounding area and
will be co'mpati:ble with ·surrounding uses;
G. ·strict comp.liance with the conditions of approval . wili
mitigate any negative impact resulting from the issuance of
the conditional use permit and parking plan;
H. The proposed use is consistent with the General Commercial,
General Plan designation;
I. An environmental assessment has been conducted by the Staff
Environmental Review Committee and this project was
determined to qualify for a negative declaration;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California, does hereby approve a
Conditional Use Permit and Parking Plan, to allow an Amusement
Arcade of this type and a mitigated environmental negative
declaration, at 950 Aviation Boulevard, subject to the following:
SECTION I Conditions of Approval
1. At least one adult employee, of at least 21 years of age,
shall be present at all times during operating hours to
provide supervision and to enlE orce all posted rules of the
business and all conditions of this conditional use permit.
2. The hours of operation shall be between 9:00 A.M. and 10:00
P.M. Sunday thru Thursday, and from 9:00 A.M. until 12
midnight on Fridays and Saturdays. No one under the age of
16 shall be permitted on the premises during regular school
hours.
(a) The above hours shall be reviewed after six months with
regard to applicability and impact. Said hours may be
reduced if there are complaints (additional concerns may
be addressed at this time as well).
3. A bicycle rack shall be provided adjacent to the business for
the parking of the maximum possible number of bicycles. (The
designated area is subject to prior approval from the
Planning Department)
4. A maximum occupancy load sign shall be posted (maximum
occupancy shall be determined by the Building Department).
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5. The establishment shall not adversely effect the welfare of
residents, and/or commercial establishments nearby.
6. The business shall provide adequate management and
supervisory techniques to prevent loud and boisterous
activities of the patrons outside the business or in the
immediate area.
7. Noise emanating from the property shall be within the
limitations prescribed by the City's noise ordinance and
shall not create a nuisance to surrounding commercial
establishments and surrounding residential areas.
(a) The front door
hours except to
customers.
shall remain
allow normal
closed during operating
entry and exit of the
8. The proposed establishment shall be in substantial
conformance with submitted plans, including seating, track
location and capacity (14 slots max.), retail display,
vending machines, and video games. Any modification requires
review and approval by the Planning Director and/or Planning
Comrnis 0 on. (l:13.. (~J ~,{JlJ--<(!_J_ ~ ~ (i -\_;,J.t,0 ~/J_;
(a) A maximum of~ ) video games may ,~ pi-6vided at:Pne
time. Said ~ hall be located only in the areas
designated for such use on the approved plan.
(b) The waiting area shall be limited to a maximum of eight
(8) seats, provided in the same location as designated
on the approved plans.
(c) A maximum of fourteen (14) seats may be used at the
perimeter of the track, to accommodate the same number
of operators. (final seating locations shall be
authorized by both the Fire Department and the Building
and Safety Department.)
9. A high intensity level of lighting shall be provided and
maintained in the interior .of the premises; type; size and
number of lighting fixtures to be reviewed and approved by
the Director of Building and Safety.
10. An employee who is aware of the
conditional use permit shall be on
business hours.
conditions of this
the premises during
(a) All employees shall be given a copy of the conditional
use permit to read, and shall acknowledge by signature
that it has been read and understood.
11. The Police Chief may determine that a continuing police
problem exists and thus recommend a course of action to the
Planning Commission at a public hearing to resolve the police
problem. This may include requiring the presence of security
personnel on the premises paid by the business.
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i2. The exterior -of-· the ·premises shall be maintained in a neat
and clean manner at all times~
13. The rules ·and policies of ·the establishment · shall be
prominently displayed . and posted at the front -entrance ;.and
shall include, but not be limited to,-proh_).bition of smoking,
loitering,·and loud or abusive language;(and prohibition of
children age 16 a~u der on,.i ::-he premises during school
hours.~ ~ Or ~. c . 1..A,.>r-•~ , 6 LN-t,......l-.o --l ~~
.e,(.. e.koec12 ..cP b -"' ~~ ~S'::ol or,.S_ 1,n ~c'._~o~-
14. All-exterior signs shall be approved and permitted by ·the
Building Department prior to installation.
15. Commercial Refuse must be stored -within ·.an
16.
c osure ursuant o Hermosa
not be ,_ each Municipa o _ n addition, containers
stored so as to reduce required parking.
( a) The existing enclosure at
building shall be modified
container currently used
commercial lift container.
the southwest corner of the
to accommodate the commercial
on site, or other approved
(b) Permits must be obtained from the building,· department -'t:&
enlar-ge-:Ehe openi~ modify tl::J.e existi119 curb.
c;;l o"',e
(c) The modification of the existing trash enclosure shall
be completed within six (6) months from the date of
adopt~on of this resolution. ·
~l.,oOa-en cLo <:.:,~ ce,,n ~ {? ~ 0 u<n.,~ ~J ~
The use of the subject building for the purposeJdescribed in
this conditional use permit shall be deemed safe by, and
authorized by the Fire Department and Building and Safety
Department.
17. This grant shall not be effective for any purposes until the
permi ttee and the owner of the property involved ( if other
than the permittee) have filed at the office of the I
~Department of Planning their affidavit stating that they are
9° aware of, and agree to accept, all of the conditions of this
grant . "5µ.f::f.A, ~ ~ il iprz..c / ev-s\}.J -,5":;J 0\-,..J } .,. 5?., e:i I 9
eo-r-LJ>. ?e..op owuet:2-, P-a..>01~ Sc.,A.µLA-...) avs, JUt~ ei..,
18. The Conditional Use Permit shall be recorded, and proof of
/2£Coeo Cf Z -2 / o ,Z,Z,,,b ~ l I I Z-q ·z_, SECTION II U
Each of the above conditions is separately enforced,
of the conditions of approval is found to be invalid
of law, all the other conditions shall remain
enforceable.
and if any
by a court
valid and
Permittee shall defend, indemnify and hold harmless the city, its
agents, officers, and employees from any claim, action, or
proceeding against the city or its agents, officers, or employees
to attack, set aside, void or annul this permit approval, which
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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 not
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 III
Any violation of the conditions of approval and/or violation of
the Hermosa Beach Municipal Code may be grounds for a public
hearing for the revocation of the conditional use permit.
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
neighborhobd resulting from the subject use.
VOTE: AYES: Comms. Di Monda, Merl, Suard, Vice-Chmn. Marks
NOES: None
ABSTAIN: None
ABSENT: Chmn. Ketz
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 92-26 is a true
and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, California, at their
regular meeting of May 5, 199_~_, ,,; ....-?.J.=" _,,,,..-, -1 ~ 1
0. 4... N'I, ".r' ' / ~--_,,,, _,,,K-.-/.. /
R~~\a~s ,~rman ~~~=lj . ~~~~;·~s~c{e~
Date p/pcrs950
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