HomeMy WebLinkAboutPC Resolution 91-64 - (37 14th)2
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RESOLUTION P.C. 91-64
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PARKING
PLAN TO ALLOW THE ADDITION OF AN OUTSIDE DINING AREA AS AN
EXPANSION OF AN EXISTING RESTAURANT (LA PLAYITA CAFE) AND
ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION AT 37
14TH STREET, LEGALLY DESCRIBED AS PORTIONS OF LOT 13, BLOCK 55,
HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on
October 15, 1991, to receive oral and written testimony regarding
an application for a Conditional Use Permit and Parking Plan and
made the following findings:
A. The proposed addition of an outside patio is for a total of
300 square feet of additional dining area which brings the
total dining area for the entire business up to only 636
square feet, as such the restaurant will maintain its low
intensity character;
B. The proposed expansion meets the criteria established for
allowing a reduction in parking requirements, pursuant to
Section 1169 of the zoning ordinance because the business is
located near the Strand and the downtown area and therefore
its customer base primarily arrives by walking or bicycling,
or as a secondary trip to their main destination of the beach
or downtown shopping, and the site is close to public parking
areas;
C. The proposed expansion is compatible with the surrounding
commercial character, and will not be incompatible with
surrounding residential uses as the use of the outside patio
for dining will be restricted to daylight hours and will be
contained inside a 6 foot high perimeter barrier;
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D. Strict compliance of the conditions of approval will mitigate
any negative impacts resulting from the issuance of the
Conditional Use Permit and Parking Plan.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California does hereby approve a
Conditional Use Permit, Parking Plan and Environmental Negative
Declaration subject to the following:
SECTION I Conditions of Approval:
1. The proposed project shall be in substantial conformance with
submitted plans. Any modifications to the plan shall be
reviewed and approved by the Planning Di rector. Building
plans shall be reviewed and approved by the Planning Director
prior to the issuance of building permits.
a) The parking area shall be striped prior to the opening of
the outdoor patio to the public
b) Th 7 enclosure for t?e trash dumpster shall be installed
prior to the opening of the outdoor patio (building
permits must be obtained for the enclosure structure)
2. The use of the outside patio area shall be 1 imited to 8: 30
A .M. to 8: 00 P .M. during the period daylight savings time is
in effect and from 8:30 A.M. to 6:00 P.M. during the period
Pacific Standard Time is in effect.
3. A minimum six (6) foot high barrier shall be installed and
maintained around the perimeter of the outside dining area as
depicted on the submitted plans.
4. A bicycle rack shall be provided in the front of business to
for the parking of the maximum possible number of bicycles.
5. Three (3) copies of a landscaping plan indicating size, type
and quantity of plant materials to be used in the City's
right-of-way shall be submitted for review and approval by
the Planning Director and the Public Works Department prior
to issuance of any Building Permits.
a. An automatic irrigation system shall be provided, and
shall be shown on plans.
6. The establishment shall not adversely effect the welfare of
residents, and/or commercial establishments nearby.
7. The exterior of the premises including parking areas shall be
maintained in a neat and clean manner at all times.
8 . The business shall
supervisory techniques
provide adequate management and
to prevent loud conversation,
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loitering, unruliness, and boisterous activities of patrons
in the outside dining area
9. Noise emanating from the property shall be within the
limitation prescribed by the city's noise ordinance and shall
not create a nuisance to the surrounding residential
neighborhoods;
a) A sign shall be posted in a conspicuous location within
the outside dining area requesting that patrons be
considerate of nearby residents by controlling tbe volume
of their conversations.
b) The use of outside speakers to play amplified music of any
kind is prohibited in the outside dining area.
10. A manager or employee who is
conditional use permit shall
business hours.
aware of conditions
be on the premises
of the
during
11. This grant shall not be effective for any purposes until the
permi ttee and the owner of the property involved (if other
than the permittee) have filed at the office of the
Department of Planning their affidavit stating that they are
aware of, and agree to accept, all of the conditions of this
grant.
12. The Conditional Use Permit shall be recorded, and proof of
recordation shall be submitted to the Planning Department.
SECTION II
Each of the above conditions is separately enforced,
of the conditions of approval is found to be invalid
of law, all the other conditions shall remain
enforceable.
and if any
by a court
valid and
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 tbe permittee
of any claim, action, or proceeding and the City shall cooperate
fully in the defense. If the City fails to promptly notify the
permi ttee 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
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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 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 conditional use permit.
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.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Di Monda,Marks,Merl,Chmn.Ketz
None
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P. C. 91-64 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 15, 1991. /
c~ Lk__ 114'A . Christine Ket?, Cb a i rpe rs on ='<:e'=l7'!::'R~o,.b,e~r,J,!-t==--:s'-o<=..Jn,'"""--:-~--:--""""'.S=-e-c_r_e-=-t-a_r_y
11011. 7 / /9"1' Date
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