HomeMy WebLinkAboutPC 97-53 (1031 Hermosa Ave)1
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P.C. RESOLUTION NO. 97-53
A RESOLUTION OF THE PLANNJNG CO:MMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT
TO ALLOW AN OUTDOOR AUTOMATED-TELLER MACHINE (ATM) IN
CONJUNCTION WITH A SNACK SHOP WITH OUTDOOR SEATING AT 1031
HERMOSA A VENUE, LEGALLY DESCRIBED AS LOTS 16, 17 & 18, BLOCK 11,
HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on September 16, 1997, to
receive oral and written testimony regarding this matter and made the following findings:
A. The applicant is requesting a Conditional Use Permit to allow outdoor ATM of 36 square
feet,
B. The site is zoned c.:.2, Restricted Commercial, and the snack shop/coffee house building and is
a permitted use and the ATM is incidental to said use.
C. The inclusion of an outdoor ATM is suitable for the site and compatible with surrounding
commercial and residential uses;
D. The imposition of conditions as required by this resolution will mitigate any negative impacts
on nearby residential or commercial properties;
16 F. Providing parking at a ratio less than required for a restaurant is appropriate for the snack
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shop use with the proposed ATM at the subject location, pursuant to Section 17.44.030(0)
of the Zoning Ordinance, as the characteristics of the incidental ATM use; it's location, and
other factors, summarized as follows, result in less parking being necessary for the proposed
ATM use:
• The location of the business is within the downtown across from public parking lot A;
• The peak business hours will likely be morning and mid-day while peak parking in the
downtown is typically in the evening;
• Very limited seating is available inside.
• A significant number of customers will walk, or drive and exit quickly, or will be sharing a trip
to this destination with other trips in the area whether for shopping, or business.
G. The project is Categorically Exempt from the requirement for an environmental assessment,
pursuant to the California Environmental Quality Act Guidelines, Section 1530l(a) as it
involves exterior alterations to an existing commercial building and building site with
negligible expansion of the commercial use.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A CONDITIONAL USE
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PERMIT AMENDMENT TO ALLOW OUTDOOR ATM IN CONJUNCTION WITH A
SNACK SHOP , SUBJECT TO THE FOLLOWING CONDITIONS (SUPERSEDES
RESOLUTION 97-13):
3 1. The project shall be substantially consistent with submitted plans. Modifications to the
plan shall be reviewed and may be approved by the Community Development Director.
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2. Parking lot improvements shall be as shown on the submitted plans as revised to relocate
and screen the dumpster and provide three spaces south of the building, and shall include
re-surfacing and re-striping of the parking lot. Landscaped planter areas shall be provided
in the existing planter locations as shown on the plans, as revised, with operable automatic
irrigation systems, and the low level masonry walls shall be repaired where damaged.
Plants shall be maintained in good order to the satisfaction of the Community
Development Director.
9 3. Landscaping shall be maintained along the western edge of the outside dining area to the
satisfaction of the Community Development Director.
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Outdoor seating and occupancy of the patio shall be permitted only between the hours of
7:00 AM. and 11 :00 P.M. Sunday through Thursday, and between 7:00 AM. and 12:00
Midnight on Fridays and Saturdays. Speakers for playing music outdoors are allowed but
must be turned off by 10:00 P.M. daily.
Bicycle racks shall be provided to the satisfaction of the Community Development
Director.
Any significant changes to the layout which would alter the primary function of the snack
shop use on the site shall be subject to review and approval by the Planning Commission.
Roof equipment shall be screened from the view of the street and adjacent residents.
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.
SECTION ill
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 Department of Planning their affidavits stating that
they are aware ot: and agree to accept, all of the conditions of this grant.
The Conditional Use Permit 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 oflaw, all the other conditions shall remain valid an enforceable.
Permittee shall defend, indemnify and hold harntless 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 cl~ 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.
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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 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 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. Perrotti, Merl, Pizer, Schwartz
Chmn. Tucker
none
none
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 97-53 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
re~ ting et her 16, 1997.
Date
cur97-7
cretary
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