HomeMy WebLinkAboutRES-96-5810 (CUP/26-22ND ST/PARKING PLAN)1
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RESOLUTION NO. 96-5810
A RESOLUTION OF THE CITY COUNCIL OF CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING A PARKING PLAN AND CONDITIONAL USE PERMIT,
AS AMENDED, TO ALLOW OUTSIDE DINING, AND EXTENDED HOURS, IN
CONJUNCTION WITH AN EXISTING RESTAURANT WITH ON -SALE BEER AND
WINE AND THE ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE
DECLARATION AT 26 22ND STREET, AND LEGALLY DESCRIBED AS LOT 11,
BLOCK 22, HERMOSA BEACH TRACT
WHEREAS, the City Council held a public hearing on May 28, 1996, to receive oral and
written testimony regarding this matter and made the following findings:
A. The applicant has requested a conditional use permit amendment to occupy the
outside dining area until 10:00 PM, 7 days a week.
B. The site is zoned C-1, Neighborhood Commercial, and is suitable for the existing
use with a limited change in the outside dining hours;
C. The proposed use is compatible with surrounding commercial and residential uses;
D. The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH DOES HEREBY APPROVE A PARKING PLAN AND
CONDITIONAL USE PERMIT, AS AMENDED TO ALLOW LIMITED OUTSIDE
DINING EXTENDED HOURS, SUBJECT TO THE FOLLOWING CONDITIONS
WHICH SUPERSEDE THE CONDITIONS OF RESOLUTION P.C. 96-19
SECTION 1. Specific Conditions of Approval
1. The project shall be substantially consistent with submitted plans. Modifications to
the plan shall be reviewed and may be approved by the Planning Director.
2. The hours of operation shall be limited to between 7:00 A.M. and 12:00 Midnight,
Friday and Saturday, and between 7:00 A.M. and 11:00 P.M. Sunday through
Thursday
3. Outside dining and occupancy of the patio shall not be permitted past 10:00 P.M.
4. The take-out window shall only be permitted facing 22nd Street with access to the
patio from 22nd Street only, not from the alley. Service from the take-out window
shall cease at 5:00 P.M.
5. Bicycle racks shall be provided to the satisfaction of the Community Development
Director.
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SECTION 2. General operating and standard conditions:
1. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
2. The business shall provide adequate staffing, management and supervisory
techniques to prevent loitering, unruliness, and boisterous activities of the patrons
outside the business.
3. 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.
a. Windows and doors shall remain closed during operating hours past 10:00
P.M. if complaints regarding noise are received.
4. Signs shall be posted in a conspicuous location warning patrons of the illegality of
open alcoholic containers in any public areas such as the public sidewalk and beach.
5. 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.
6. All alcoholic beverages shall be served in non -throw -away glass containers,
including beer and wine.
7. The police chief may determine that a continuing police problem exists, and may
authorize the presence of a police approved doorman and/or security personnel to
eliminate the problem, and then shall submit a report to the Planning Commission,
which will automatically initiate a review of this conditional use permit by the
Commission.
8. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
9. Any significant changes to the layout which would alter the primary function of the
business shall be subject to review and approval by the Planning Commission.
IPA
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10. This Conditional Use Permit is issued exclusively for and as long as the premises
remains a restaurant; a minimum of sixty five (65) percent of the total gross sales,
computed monthly, shall result from the sale of prepared food.
The city shall have the right during business hours upon 15 days notice to inspect the books
and records of the applicant to determine the gross sales of food and/or the gross sales of
alcoholic beverages. Upon request at the time the City inspects the books and records of
the applicant, the applicant shall also submit to the City copies of all records submitted to
the State Board of Equalization for purposes of computing sales tax. Applicant gives the
right to the City to review the records of the State Board of Equalization for the purpose of
verifying the applicants books and records, with the understanding that these reviews are
confidential.
11. The project and operation of the business shall be reviewed in six months. Any
violation of the conditions of approval and/or violation of the Hermosa Beach
Municipal Code may be grounds for a public hearing for revocation of the
conditional use permit.
12. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code, including Sections 29-31 through 29-41
regarding encroachment into the public right-of-way.
SECTION 3.
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 Department of Community Development 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 an 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
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employee 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 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.
SECTION 4.
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.
PASSED APPROVED and ADOPTED this 28th day of May,1996.
A
CITY CLERK
City Council and Mayor of the City of Hermosa Beach, California.
VED AS O FORM:
CITY ATTORNEY
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 96-5810 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at a Regular Meeting of
said Council at the regular place thereof on May 28, 1996.
The vote was as follows:
AYES:
Benz, Bowler, Reviczky, Mayor Oakes
NOES:
None
ABSTAIN:
None
ABSENT:
Edgerton
DATED: June 3, 1996
. A"VIAULL )a4,W-,—
Deputy City Clerk