HomeMy WebLinkAboutPC 92-49 (1121 Aviation Blvd)1
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RESOLUTION P.C. 92-49
A RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO APPROVE A PARKING PLAN AMENDMENT TO -ALLOW
PARKING REQUIREMENTS TO BE CALCULATED PURSUANT TO SECTION 1170,
CONSOLIDATED OFF-STREET PARKING, THEREBY ALLOWING A TAKE-OUT AND
DELIVERY RESTAURANT ("DOMINO'S") AT 1117 AND 1121 AVIATION
BOULEVARD IN THE SHOPPING CENTER AT THE NORTHEAST CORNER OF
PROSPECT AVENUE AND AVIATION BOULEVARD LEGALLY DESCRIBED AS A
PORTION OF LOT 7, BLOCK 88, SECOND ADDITION TO HERMOSA BEACH
TRACT
WHEREAS, the Planning Commission held a public hearing on
August 18, 1992, to receive oral and written testimony on this
matter and made the following Findings:
-A. The Planning Commission approved a Parking Plan in July of
B.
1987 authorizing the expansion of the pre-existing restaurant
at 1101 Aviation Boulevard, which must be amended to allow
the proposed change of use;
The parking demand resulting from change of use of a portion
of ·the shopping center from general retail to a take-out and
deli very restaurant can be absorbed in the large parking
facility that exists at the shopping center; it will contain
a minimum of 191 parking spaces to provide the minimum ratio
of 1 per 250 square feet of floor area;
C. Calculating parking requirements for the proposed use within
a large shopping center such as Plaza Hermosa at l _ space per
250 square is acceptable under the terms of Section 1170,
Consolidated Off-Street Parking;
D. Any impact caused by approval of the Parking Plan will be
mitigated by the imposed conditions of approval;
NOW, tHEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California, does hereby approve the
requested amendment to the Parking Plan subject to the following
conditions which supersede the conditions contained in Resolution
P. C. 87-42:
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SECTION I -Conditions of Approval:
1. The development shall be in ~ substantial compliance with
submitted plans. Minor modifications shall be submitted for
review and approval by the Planning Director.
2. A minimum of 191 parking spaces shall be provided and striped
in the shopping center parking lot. A plan shall be
submitted to the Planning Director for review and approval
prior to the issuance of building permits for the interior
improvements of the restaurant. Said plan shall also
demonstrate that all requirements for parking and
acessibility of the physically handicapped are met.
The re-striping for a minimum of 191 parking spaces shall be
implemented on the site prior to the opening of the proposed
take-out and-delivery restaurant. Any future modification of
the striping plan shall be reviewed and approved by the
Planning Director.
3. Existing landscaping located around the perimeter of the
parking lot to its south and west shall be maintained in a
healthy and attractive manner.
4. The mixture of the uses (retail/commercial service vs.
restaurant) of the lease spaces within the center shall be
maintained consistent with the attached parking summary
prepared by the Planning Department, dated 8/13/92, changes
to other uses may be permitted which have an equivalent or
lesser parking requirement as determined by the Planning
Director. Any change to a use that results in greater
parking requirements shall require amendment to the Parking
Plan.
5. Prior to the Parking Plan being in effect the applicant and
the property owner shall submit to the planning department a
signed and notarized "Acceptance of Conditions" form.
6. The Parking Plan shall be recorded with the deed, and proof
of recor~ation shall be submitted to the Planning Department.
~oP* '13 -454 317 B/11 /93 SECTION II
Each of the above conditions is separately enforced, and if any
of the conditions of approval is found to be invalid by a court
of law, all the other conditions shall remain valid and
enforceab'.l..e.
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
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
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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 maintained and operated in full
compliance with the conditions of this grant and any ·1aw,
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 parking plan.
The City Council may review this Parking Plan and may amend the
subject conditions or impose any new conditions if deemed
necessary to mitigate detrimental effects on the neighborhood
resultlng from the subject use.
VOTE: AYES: Comms.Di Monda,Marks,Oakes,Suard,Chmn.Merl
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 92-49 is a true
and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, California at their
~a~ting ~$ AUgust 18, 1992 ~A'~/.//. /J /4 p t:, ~ k --
Rod Merl, Cha i rman Mi c haelSchub ach, Secretary
f,j-,JG Date I I •
p/pcrs1121