HomeMy WebLinkAboutPC 95-21 (2510 PCH)2
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RESOLUTIONP.C. 95 -21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING A CONDITIONAL USE PERMIT TO ALLOW A
RECYCLING FACILITY IN ADDITION TO OFF-SALE GENERAL ALCOHOL IN
CONJUNCTION WITH A GROCERY MARKET, AND ADOPTION OF A
ENVIRONMENTAL NEGATIVE DECLARATION FOR 2510 PACIFIC COAST HIGHWAY,
LUCKY STORES, AND LEGALLY DESCRIBED AS A PORTION OF LOTS 1, 2, & 6,
BLOCK 83; SECOND ADDITION TO HERMOSA BEACH.
WHEREAS, the Planning Commission held public hearings on April 18 and May 16, 1995,
to receive oral and written testimony regarding a Conditio_nal Use Permit amendment to authorize a
recycling center in the parking area and made the following Findings:
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State law mandates that cities allow recycling facilities;
The reduction of 5 parking spaces will not reduce parking below the zoning required
number;
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C. Strict compliance with the conditions of approval will mitigate any negative impact resulting
from the issuance of the Conditional Use Permit and will protect the public health, and
welfare.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Hermosa Beach, California, does hereby approve a Conditional Use Permit amendment to authorize
a recycling center in conjunction with a grocery market ( off-sale alcohol), at 2510 Pacific Coast
Highway, subject to the following conditions:
20 SECTION IA MARKET
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The establishment shall not adversely affect the welfare of residents, and/or commercial
establishments nearby.
The hours of operation may be twenty four hours a day.
The business shall prevent-loitering and littering on the premises at all times.
Clearly visible signs prohibiting loitering, and littering, on the premises and limiting the
parking period to two (2) hours shall be posted in conspicuous locations.
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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6. Any changes to the interior layout which would alter the primary function of the business
shall be subject to review and approval by the Planning Commission.
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SECTION TB RECYCLE FACILITY
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Only glass, metals, plastic containers, and paper shall be accepted.
Power-driven processing equipment shall be prohibited except reverse vending machines.
An 8'x8'x22' metal storage container, as shown on submitted plans, dated March 8, 1995,
shall be used to store all recyclable materials, and necessary equipment, such as scales.
No materials, or equipment shall be maintained outdoors when the facility is not m
operation.
The subject location and general area shall be maintained free of litter, debris, discarded
items and similar matter, and at the end of each day of operation the facility shall be swept.
Containers shall be clearly marked to identify the type of material which may be deposited;
the facility shall be clearly marked to identify the name and telephone number of the facility
operator and the hours of operation, and display a notice stating that no material shall be
left outside the recycling enclosure of containers.
a. The facility shall be clearly marked with signage that lists the appropriate emergency
telephone number of the county health department for persons to contact in case of
an immediate threat to public health and safety caused by debris and/or any other
health hazards.
Signs may be established as follows:
a. Recycling facilities may have identification signs with a maximum of twenty (20)
percent per side or sixteen (16) square feet, whichever is larger, in addition to
informational signs required in condition (6).
Operation shall be only between the hours of9:00 AM. and 7:30 P.M.
A maximum of 5 parking spaces shall be utilized for the facility.
The ioc-ation of the facility shall be as shown on submitted plans, and revised plans shall be
submitted showing correct parking layout.
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SECTION IT GENERAL CONDITIONS
1. Landscaping along the south, and southeast property line abutting residential development,
shall be provided; debris, and other materials discarded in this area shall be removed.
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2.
a. A landscaping plan showing the size, type and quantity of plant material shall be
submitted within 30 days for review by the Community Development Director, and
installed within 90 days of this approval.
Fencing shall be provided along the southeast property lines adjacent to the abutting
residential development with a gate for access by occupants of the abutting condominium.
a. A fencing plan showing height, type of material, and location shall be submitted
within 30 days to the Community Development Director for approval, and shall be
constructed within 90 days of this resolution approval.
SECTIONID
The property and operation of the businesses shall comply with all applicable requirements of the
Municipal Code.
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 shall be recorded, and proof of recordation shall be submitted to the
Community Development 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 and enforceable.
Permittee shall defend, indemnity 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 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
requirea·-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
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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.
This resolution supersedes Resolution P.C. 90-96.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Di Monda,Marks,Merl, Tucker, Chmn.Dettelbach
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CERTIFICATION
I hereby certify the foregoing Resolution P. C. 95-21 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 ofMay 16, 1995
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