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Home My WebLink AboutPC 93-65 (3216 Manhattan Ave)If RESOLUTION P.C. 93-65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 1 SNACK SHOP I COFFEE HOUSE IN AN EXISTING COMMERCIAL SPACE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 3216 2 MANHATTAN AVENUE, LEGALLY DESCRIBED AS LOTS 1 AND 3, BLOCK 118, SHAKESPEARE TRACT. . 3 WHEREAS, the Planning Commission held a public hearing on October 19, 1993 to receive 4 oral and written testimony regarding this matter and made the following findings: 5 A. 6 7 B. 8 9 C. 10 D. 11 12 E. The food items intended to be sold are limited to sandwiches, coffees, 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, IBEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa 14 Beach, California, does hereby approve a Conditional Use Permit at 3216 Hermosa Avenue, and adopts an Environmental Negative Declaration, subject to the following conditions: 15 SECTION I: Specific Conditions of Approval 16 17 18 2· 19 3. 20 21 22 23 4. 5. The proposed project shall be in substantial conformance with submitted plans. Any modification shall be reviewed and may be approved by the Planning Director. All parking spaces shall be properly striped with appropriate signs posted indicating ·that the . spaces are for employees and customers of proposed business. 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, and beverages such as juices, sodas, and coffee for sale to be either consumed on or off the premises. The hours of operation shall be limited to between 6:00 A.M. till 11 :00 P.M. Monday through Thursday, 6:00 A.M. till 12 A.M. on Friday and Saturday, and 7:00 A.M. till 11:00 P.M. on Sunday. 24 SECTION II: General C-0nditions of Approval 25 I 1. 26 27 2· 28 The project and the operation shall comply with all applicable requirements of the Municipal Code.·· Noise emanating from the property shall be within the limitations prescribed by the 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. -1 - I . 3. 1 2 4. 3 5. 4 5 6 6. 7 8 7. 9 8. 10 11 12 13 9. 14 10. 15 16 11. 17 12. 18 13. 19 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. 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. A manager or employee who is aware of the conditions of this conditional use permit shall be on the premises during business hours. (a) The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions. The project shall comply with the requirements of the Building and Safety Department as contained in the attached memorandum dated September 22, 1993. The project shall comply with the requirements of the Fire Department as contained in the attached memorandum dated September 9, 1993. A trash enclosure shall be provided on site to demonstate compliance with Section 27 A-3 of the Municipal Code. (a) Plans for complying with this requirement shall be submitted for approval to the Planning Director prior to installation of any new trash facilities. Building Permits must be obtained prior to installation. 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. The project ~hall comply with all accessibility requirements for the physically handicapped. Maximum permissible occupancy must be clearly posted at all times and may not be exceeded. Revised plans shall be submitted to indicate all existing landscaping and shall be properly maintained. 20 SECTION III: 21 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 22 aware of, and agree to accept, all of the conditions of this grant. 23 The Conditional Use Permit shall be recorded with Los Angeles County, and proof of recordation shall be submitted to the Planning Department. 24 Each of the_ above conditions is separately enforced, and if any of the conditions of approval is 25 found to be mvalid by a court of law, all the other conditions shall remain valid and enforceable. 26 Permittee sh3:11 defe~d, indemnify a.I_ld hold _harmless ~he City, its agents, officers, llfl:d employees from any clatm, action, or proceeding agatnst the City or its agents, officers, or employees to 27 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 28 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 -2 - •• 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 1 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 2 discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the pennittee of any obligation under this condition. 3 The subject property shall be developed, maintained and operated in full compliance with the 4 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 5 or activity not in full compliance shall be a violation of these conditions. 6 7 8 SECTION IV: 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 Permit. The Planning Commission may review this Conditional Use Permit and may amend the subject 9 conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 10 11 12 13 )4 15 16 VOIB: AYES: NOES: ABSTAIN: ABSENT: Comms. Marks, Merl, Oakes, Chmn. Di Monda None None Comm. Suard CERTIFICATION I hereby certify the foregoing Resolution P.C. 93-65 is a true and complete record of the action taken the Planning Commission of the City of Hermosa Beach, C · fomia, at their regular m'e •g~3. Jos,h Di Monda, Chairperson 17 /( --3 !/,30are 18 19 20 21 22 23 24 25 26 27 28 -3 - TO: ( CITY OF HERMOSA BEACH INTER-OFFICE MEMO Ken Robertson, Associate Planner ( FROM: RE: William Grove, Building & Safety Director wt~ 3216 Manhattan Avenue DATE: September 22, 1993 **************************************************************** The following building code requirements apply: 1) Restroom facilities shall be accessible to the physically handicapped including an accessible path of travel. As proposed, neither the restroom layout or the path of travel is accessible. 2) A garbage disposal is required. 3) No cooking facilities are allowed since no exhaust hood is proposed. 4) Health Department approval is required. '",. RECEIVED SEP 2 3 1993 PLANNING DEPT. .. J CITY OF HERMOSA BEACH PLANNING DEPARTMENT MEMORANDUM TO: Bill Grove, Building ,Director /Arny Amarani, Public Works Director ✓ Paul Osekowsky, Fire Captain FROM: Ken Robertson, Associate Planner SUBJECT: Project Review at ~-i..\(o MtrN'Hl<lf"'-,.._J k-J'G· DATE: Attached please find the plans for following project located at- 1t~~ kA~H~'1f*N ft;V8'-i~£ : __j"conditional Use Permit Condominium Nonconforming Remodel Parking Plan Precise Development Plan Variance Height Limit Exception Please review and respond by q /:;. / /9 ::> ----,--r ------------- Thanks. p/transmit No fe ~ w~ 1..v,i 1 ~7 U/L.-(! lJAJ E 'J.. P, '-Ii) 'BC r, r(f f;x_ ,/,,__,, (.)IS l,et.... See fr[µ/ ./1, ~-Lo~ t,, ,/,.; J-J