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Planning Commission Agenda October 16, 2001 - Hermosa
Beach
P.C. RESOLUTION 01-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
TO ALLOW OUTDOOR SEATING IN CONJUNCTION WITH A COFFEE
HOUSE/SNACK SHOP AT 1225 HERMOSA AVENUE LEGALLY DESCRIBED AS
LOTS 14 TO 18, BLOCK 13, HERMOSA BEACH TRACT.
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Section 1.
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. An application was filed by The Coffee Bean & Tea
Leaf, seeking approval for an outdoor seating area to the
north and east of the snack shop establishment at 1225
Hermosa Avenue.
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Section 2.
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The Planning Commission conducted a duly noticed public
hearing to consider the application for a Conditional Use
Permit on October 16, 2001, at which testimony and evidence,
both written and oral, was presented to and considered by the
Planning Commission.
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Section 3.
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Based on evidence received at the public hearing, the
Planning Commission makes the following factual findings:
- The subject coffee house is to be located within a
portion of the ground floor area, containing 1,260 square
feet, within the 25,835 square foot Bijou Building.
- The applicant proposes to provide outdoor seating for
customers use in connection with the snack shop/coffee
house.
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Section 4.
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Based on the foregoing factual findings, the Planning
Commission makes the following findings pertaining to the
application for the Conditional Use Permit:
- The site is zoned C-2, and is suitable for the proposed
outdoor dining in conjunction with the business;
- The proposed outdoor dining use is compatible with
surrounding commercial and residential uses;
- The imposition of conditions as required by this
resolution will mitigate any negative impacts on nearby
residential or commercial properties;
- This project is Categorically Exempt pursuant to
Section 15303c of the California Environmental Quality
Act.
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Section 5.
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Based on the foregoing, the Planning Commission hereby
approves the Conditional Use Permit for outdoor seating,
subject to the following Conditions of Approval::
- The project shall be substantially consistent with
submitted plans revised in accordance with the conditions
below. Modifications to the plan shall be reviewed and may
be approved by the Community Development Director.
- The plan shall be revised to clearly show the limits of
the outdoor seating area which encroaches into the City
right-of-way. Seating provided along the Hermosa Avenue and
13th Street frontages shall be fixed, and shall not
interfere with required pedestrian clearance as required by
the Public Works Department.
- Outdoor seating shall be in conjunction with the coffee
house use only.
- An encroachment permit shall be obtained from the
Public Works Department for the outdoor seating area.
- The outdoor seating area shall be maintained in a neat
and clean manner at all times.
- The use of outdoor seating area shall comply with all
applicable requirements of the Hermosa Beach Municipal
Code.
- The use of the outdoor seating area shall not adversely
effect the welfare of the residents, and/or commercial
establishments nearby.
- The business shall provide adequate staffing,
management and supervisory techniques to prevent loitering,
unruliness, and boisterous activities of the patrons in the
outdoor seating areas.
- Noise emanating from the property shall be within the
limitations prescribed by the City’s noise ordinance
and shall not create a nuisance to surrounding residential
neighborhoods, and/or commercial establishments.
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Section 6.
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This grant shall not be effective for any purposes until
the permittee and the owners of the property involved have
filed a 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 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 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 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.
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:
NOES:
ABSTAIN:
ABSENT:
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CERTIFICATION
I hereby certify the foregoing Resolution P.C. 01- 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.
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Sam Perrotti, Chairman |
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Sol Blumenfeld, Secretary |
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Date
Cupr1225
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