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HomeMy WebLinkAboutPC 93-54 (2600 Hermosa Ave)RESOLUTION P.C. 93-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 1 SNACK SHOP IN AN EXISTING COMMERCIAL SPACE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 2600 HERMOSA A VENUE, LEGALLY 2 DESCRIBED AS AS LOT 1, BLOCK 67, FIRST ADDffiON TO HERMOSA BEACH. 3 WHEREAS, the Planning Commission held a public hearing on August 17, 1993 to receive oral and written testimony regarding this .matter and made the following findings: 4 5 A. 6 B. 7 8 C. g D. 10 11 E. 12 The food items intended to be sold are limited to health drinks, coff~s, and packaged snack items; Parking demand should not be any more than a retail use since the business is located adjacent to the beach and will cater to customers arriving on foot or bicycle; The use will be compatible with surrounding commercial activities in this neighborhood commercial area; Strict compliance with the conditions of approval will mitigate any negative impact of the snack shop; An environmental assessment has been conducted by the Staff Environmental Review Committee and the project was determined to quality for a negative declaration. 13 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a Conditional Use Permit at 2600 Hermosa Avenue, and 14 adopts an Environmental Negative Declaration, subject to the following conditions: 15 SECTION I: Specific Conditions of Approval 16 17 18 19 20 21 22 23 24 25 26 1. 2. 3. 4. 5. 6. 7. The proposed project shall be in substantial conformance with submitted plans. Any modification shall be reviewed and may be approved by the Planning Director. The hours of the operation shall be limited to the hours between 7:00 AM. and 10:00 P.M. seven days a week. All parking spaces shall be properly striped with appropriate signs posted indicating that the spaces are for employees and customers of proposed business. A sign shall be posted outside in a conspicuous location to request that patrons be considerate of the neighbors. A bicycle rack shall be provided on site in a location approved by the Planning Director. The primary emphasis of the business shall be maintained as a snack shop offering only the following food items: sandwiches, salads, pasteries, cakes, muffins, sports drinks, and beverages such as juices, sodas, and coffee for sale to be either consumed on or off the premises. Plans shall be resubmitted indicating that the loft area be used solely for storage purposes. 27 SECTION II: General Conditions of Approval 28 1. The project and the operation shall comply with all applicable requirements of the Municipal Code. -1 - 1 2 3 4 5 6 7 8 g 10 11 12 13 14 2. 3. 4. 5. 6. 7. 8. 9. 10. There shall be no bells, buzzers, or similar apparatus audible outdoors. Outside speakers for any purpose shall be prohibited. Noise emanating from the property shall be within the limitations prescribed by thee City's noise ordinance, Article 19 .5 of the Hermosa Beach Municipal Code, and shall not create a nuisance to the surrounding residences and commercial establishments. Creating loud obnoxious noise shall be prohibited. a. Violation of the noise ordinance or related State laws shall be grounds for revocation of the conditional use permit. The exterior of the premises including the parking areas shall be maintained in a neat and clean manner at all times. An employee who is aware of the conditions of this conditional use permit shall be on the premises during business hours. The project shall comply with the requirements of the Public Works Department as contained in their memorandum dated July 12, 1993. The project shall comply with the requirements of the Building and Safety Department as contained in their memorandum dated July 14, 1993. A trash enclosure shall be provided on site to demonstate compliance with Section 27 A-3 of the Municipal Code. All exterior signs shall be approved and permitted by the Building Department prior to installation. The establishment shall not adversely effect the welfare of residents, and / or commercial establishments nearby. 15 SECTION ill: 16 This grant shall not be-effective for any purposes until the permittee and the owner of the property involved have filed at the office of the Department of Planning their affidavit stating that they are 17 aware of, and agree to accept, all of the conditions of this grant. 18 The Conditional Use Permit shall be recorded with Los Angeles County, and proof of recordation shall be submitted to the Planning Department. 19 Each of the above conditions is separately enforced, and if any of the conditions of approval is 20 found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. 21 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 22 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 23 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 24 fully in the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 25 The permittee shall reimburse the City for any court and attorney's fees which the City may be 2G 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 interest in an action, the City may, at its sole 27 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. 28 The subject property shall be developed, maintained and operated in full compliance with the -2 - 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 pennittee to cease any development or activity not in full compliance shall be a violation of these conditions. 1 SECTION IV: 2 Any violation of these 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 Pennit. .3 The Planning Commission may review this Conditional Use Permit and may amend the subject 4 conditions or impose any new conditions· if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 5 6 7 8 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VOTE: AYES: NOES: ABSTAIN: ABSENT: ce Chairperson -?-?1 Date Comms. Marks, Merl, Suard, Vice Chmn. Oakes None None Chmn. Di Monda CERTIFICATION Michaei Schubach, Secretary -3 -