HomeMy WebLinkAboutPC Resolution 91-62 - (517 Pier)2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
P.C. RESOLUTION 91-62
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT,
TO AUTHORIZE THE SALE OF SANDWICHES AND CHIPS, IN CONJUNCTION
WITH THE EXISTING SALE OF OTHER BAKERY ITEMS AT 517 PIER AVENUE,
LEGALLY DESCRIBED AS A PORTION OF LOT 31, HISS' ADDITION TO
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 Amendment, at 517
Pier Avenue and made the following findings:
A. Croissants and Bagettes are generally considered bakery
items;
B. A C.U.P. was granted for outdoor seating in 1989 and said use
has continued without causing any adverse effects;
C. The proposed use, with the limitations imposed by this
C.U.P., will be more like a snack shop or snack bar than a
bona fide eating place and, therefore, will not generate the
parking deman~ typically assigned to a restaurant use;
D. The proposed use does not significantly alter the existing
use of the site;
E. The proposed use is compatible with surrounding commercial
activities along Pier Avenue;
F. Strict compliance with the conditions of approval will
mitigate any negative impact resulting from the issuance of
the conditional use permit amendment;
G. The use is consistent with the General Commercial, General
Plan designation;
-1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California does hereby approve a
Conditional Use Permit Amendment to allow the sale of sandwiches
and chips, in conjunction with the existing sale of bakery items
at 517 Pier Avenue subject to the following:
SECTION I Conditions of Approval
1. The establishment shall be in substantial conformance with
submitted plans, including the seating plan. The number of
seats (14 indoors, 8 outdoors) shall not be increased and any
modification to the plan shall be reviewed and approved by
the Planning Director. No stove or grill shall be added at
any time.
2 . The primary emphasis of the business shall be maintained as a
bakery offering bak ed goods including, but not limited to,
such items as pastries, cakes, muffins, bread, and beverages
such as juices and coffees for sale to be either consumed on
or off the premises. The availability of any non-bakery
items, including beverages, shall be limited to 50% of the
overall area in the display cases.
3. Sandwiches may be sold but must be pre-made and offered for
sale in a display case. No food shal 1 be prepared for
individual orders.
4. There shall be no service to the tables and all food for sale
shall be offered in the display cases; no individual menus
shall be allowed.
5. The establishment shall not adversely effect the welfare of
residents, and/or commercial establishments nearby.
6.
7.
The business shall provide adequate management
supervisory techniques to prevent boisterous activities
the patrons outside the business or in the immediate area.
and
of
An employee who is aware of the
conditional use permit shall be on
business hours.
conditions of this
the premises during
8 . The existing parking area, located in the rear of the cafe
shall be restriped according to Hermosa Beach parking
standards, and maintained. Restriping shall be completed
within 90 days from the date of adoption of this resolution.
9. Signs shal 1 be posted within 90 days from the adoption of
this resolution, which indicate that parking is for the
cafe's employees and patrons only.
10. The trash dumpster at the rear of the building shall be
enclosed per Building Department requirements. Plans shall
-2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
be submitted to the Building Department and permits shall be
obtained prior to construction. Construction of the trash
enclosure shal 1 be completed within one ( 1) year from the
date of adoption of this resolution.
11. The exterior of the premises shal 1 be maintained in a neat
and clean manor. Decorative trash receptacle shall be
provided for the use of patrons both indoors and out. Said
trash receptacles shall be subject to approval by the
Planning Department.
12. All signs shall be approved by the Building Department prior
to installation.
13. 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.
14. The Conditional Use Permit shal 1 be recorded, and proof of
recordation shall be submitted to the Planning Department.
15. This resolution supersedes Resolution P.C. 89-73.
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 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.
-3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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. 91-62 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, 199 V.
~~t;ft;;e ~ Chairperson T1:-1./r,,p.v.-=---':8Y-:~.i,,;,tJ--"-.,....----,---=---=---
Y\ oJ l, ,/7o//
Date '
p/pcrs517
-4 -