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HomeMy WebLinkAboutPC Resolution 01-311 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 P.C. RESOLUTION NO.01-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN FOR A ONE-STORY 3,600 SQUARE FOOT DRIVE -THROUGH BANK AT 1401 PACIFIC COAST HIGHWAY, AND LEGALLY DESCRIBED AS A PORTION OF LOT 10, BLOCK 80, 2ND ADDITION TO HERMOSA BEACH The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Union Bank of California lessee of property at 1401 Pacific Coast Highway seeking approval of a Conditional Use Permit and Precise Development Plan to construct a bank building with a drive -through teller window. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Conditional Use Permit and Precise Development Plan on October 9, 2001, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The applicant is proposing to construct a one-story bank building containing 3,600 square feet with a drive -through teller window, which requires a Precise Development Plan pursuant to Chapter 17.58 of the Zoning Ordinance. 2. Pursuant to Section 17.26.040 regarding similar uses, the City Council determined that the proposed use with the drive -through teller window may be permitted in conjunction with the bank with the approval of a Conditional Use Permit. 3. The subject site is located at the northwest corner of P.C.H. and Pier Avenue. The property contains an existing restaurant (IHOP) and a vacated former gas station site and is surrounded by other commercial uses and commercially zoned property. The existing restaurant has 28 parking spaces, which is slightly deficient with respect to parking requirements (30 required). The proposed project involves the construction of a new bank building on the former gas station site, and retention of the restaurant and parking area on the northern portion (with no improvements). The proposed bank building will be located towards the front of the lot with the drive-thru teller lane and the bulk of parking located behind the building. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Conditional Use Permit and Precise Development Plan. 1 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 1. The project is consistent with applicable general and specific plans, and is in compliance with the use and development requirements of the Zoning Ordinance. 2. The site is zoned S.P.A. 8, Specific Plan Area -Commercial, and the project and proposed use complies with the development standards contained therein. 3. Pursuant to the specific standards of the S.P.A. 8 zone and the underlying C-3 zoning, the project conforms to the zoning requirements contained therein including, but not limited to, bulk, landscaping, parking, and building height. 4. The project has been reviewed pursuant to Chapter 17.58, Precise Development Plans and is consistent with the standards and review criteria contained therein. 5. The proposed use with the drive -through lane has been considered in accordance with Section 17.40.020 pertaining to Conditional Use Permits. 6. Compliance with the Conditions of Approval will mitigate any negative impact resulting from the issuance of the Precise Development Plan. 7. The Planning Commission concurs with the Staff Environmental Review Committee's recommendation, based on their environmental assessment/initial study, that this project will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration. Section 5. Based on the foregoing, the Planning Commission hereby approves the subject Conditional Use Permit and Precise Development Plan subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans reviewed by the Planning Commission at their meeting of October 16, 2001. Minor modifications to the plan shall be reviewed and may be approved by the Community Development Director. 2. Egress from the drive -through lane onto Pier Avenue shall be right turns only. Appropriate signs prohibiting left turns out of the side shall be provided to the satisfaction of the City Department of Public Works. 3. Parking available on the property shall be shared between the bank and the other tenant sharing the property, currently the IHOP restaurant. Any posted restrictions regarding use of the parking on the property shall permit parking in all spaces for customers of both tenants. 4. Architectural treatment shall be as shown on building elevations and site and floor plans. Any modification shall require approval by the Community Development Director. 2 1 2 3 4 s 6 7 a 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 2s 29 5. The project shall comply with the requirements of the Fire Department and the Public Works Department. 6. The applicant shall obtain approval from the California Department of Transportation for ingress and egress at the proposed driveway locations, and any design requirements of CalTrans shall be included on project plans prior to issuance of building permits. 7. The applicant shall through sublease convey to the City for long term purposes the 15' X 15' area as identified on project plans for City use as a downtown gateway sign and landscaping. 8. Final building plans/construction drawings including site, elevation, floor plan, sections, details, signage, landscaping and irrigation, submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. a.) Detailed landscaping plans shall be included which specify plant sizes, with all proposed trees to be minimum 24" box size and shrubs minimum 5 gallon size, and which specify landscaping. 9. All exterior lights shall be located and oriented in a manner to insure that neighboring residential property and public right-of-way shall not be adversely effected. 10. An oil separator for on -site stormwater drainage shall be provided in the parking lot to the satisfaction of the Public Works Department. 11. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. Section 6, 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 and Precise Development Plan 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 of law, all the other conditions shall remain valid and enforceable. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or 3 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of the State Government Code. 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 no 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 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. The Planning Commission may review this Conditional Use Permit and Precise Development Plan 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. Section 7. Pursuant to the Code of Civil Procedure Section 1094.6 any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 00-31 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 of October 16, 2001. Sam Perrotti, Chairman 7 Date Pdpr l40l pch So1131ua��enf ld, "e tary