HomeMy WebLinkAboutPC Resolution 00-042
3
4
5
6
7
s
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2s
29
P.C. RESOLUTION 00-4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN FOR
THE CONVERSION OF AN EXISTING RETAIL USE TO A DELIVERY
RESTAURANT USE WITHOUT PROVIDING ANY ADDITIONAL
PARKING AT 201 PACIFIC COAST HIGHWAY LEGALLY DESCRIBED
AS A PORTION OF LOT 63, WALTER RANSOM CO.'S VENABLE PLACE
TRACT
Section li . An application was filed by Robert Johnson, seeking approval to open a new
delivery restaurant in an existing 2,400 commercial space requiring a Parking Plan, pursuant to
Section 17.44.210 of the Zoning Ordinance, to allow the change of use from general retail to
restaurant use without additional parking.
Section 2. The Planning Commission conducted a duly noticed de novo public hearing
to consider the application for a Parking Plan on January 18, 2000, 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 convert a general retail use into a delivery restaurant;
2. The site is zoned Specific Plan Area 7 (SPA-7) allowing a variety of commercial uses.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the Parking Plan application:
1. The applicant is proposing to remodel the interior of an existing vacant building,
previously used for general retail use, for a delivery restaurant;
2. Less than required parking is justfied for this change of use, pursuant to Section
17.44.210 of the Zoning Ordinance, given the restaurant's focus on delivery, and the proximity
of public parking for the businesses fronting on Pacific Coast Highway between 2nd and 3rd
Street;
3. Strict compliance with the Conditions of Approval will mitigate any negative impact
resulting from approval of the Parking Plan;
4. This project is Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
requested amendment to the Parking Plan, subject to the following Conditions of Approval:
1. The development and continued use of the property shall be in conformance with
1
submitted plans received and reviewed by the Commission at their meeting of January
2 18, 2000. Any manor modification shall be reviewed and may be approved by the
3 Community Development Director.
4 2. The existing wrought iron fence must be removed to accommodate the proposed
parking layout.
s
6 3. ,any significant changes to the interior layout which would alter the primary function as
delivery restaurant shall be subject to review and approval by the Planning Commission.
s
4, The project and operation of the business shall comply with all applicable requirements o
the Municipal Code.
9
10
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
11 Community Development Department their affidavits stating that they are aware of, and agree
12 1
to accept, all of the conditions of this grant.
13 The Parking Plan shall be recorded, and proof of recordation shall be submitted to the
Community Development Department,
14
15 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,
16
17
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 employee to
18 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
19 permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If
20 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 hereafter be responsible to defend,
21 indemnify, or hold harmless the City.
22
The permittee shall reimburse the City for any court and attorney's fees which the City may be
23 required to pay as a result of any claim or action brought against the City because of this grant..
24
Although the permittee is the real party in interest in an action, the City may, at its sole
II discretion, participate at its own expense in the defense of the action, but such participation shall
25 not relieve the permittee of any obligation under this condition.
26 The subject property shall be developed, maintained and operated in full compliance with the
27 conditions of this grant and any law, statute, ordinance or other regulation applicable to any
11 development or activity on the subject property. Failure of the permittee to cease any
28 development or activity not in full compliance shall be a violation of these conditions.
29
_2.
The Planning Commission 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
2 neighborhood resulting from the subject use.
3
4 VOTE: AYES: Hoffman, Schwartz, Pizer, Vice -Chair Ketz, Chairman Perrotti
NOES: None
5 ABSENT: None
6 ABSTAIN: None
7 CERTIFICATION
8 I hereby certify the foregoing Resolution P. C. 00-4 is a true and complete record of the action
9 taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
meets of anuaryJ8, 2000.
to
Sang Perrotti, Chairman
12 ?Solf—*BIum , fe , Secretary
13
Date `/� �`U
PPR99-6
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
-3-