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HomeMy WebLinkAboutPC Resolution 91-14 - (1605 PCH)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 RESOLUTION P.C. 91-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A MASTER CONDITIONAL USE PERMIT TO ALLOW OUTSIDE DINING IN CONJUNCTION WITH THE RESTAURANTS, AND TO INCLUDE THE SERVICE OF ALCOHOLIC BEVERAGES APPROVED PURSUANT TO THE C.U.P. 'S FOR EACH RESTAURANT, WITHIN THE HERMOSA PAVILION AND ADOPTION OF A ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT 13 AND SOUTHERLY 6. 24 FEET OF A PORTION OF LOT 14, BLOCK 81, SECOND ADDITION TO HERMOSA BEACH WHEREAS, the Planning Commission held a public hearing on February 5, 1991, to receive oral and written testimony regarding a Conditional Use Permit request to authorize outside dining in conjunction with the restaurants within the Hermosa Pavilion and made the following findings: A. The outside dining would be located on the second floor of an existing mall, the Hermosa Beach Pavilion; B. Outside dining was approved as part of Parking Plan, and included in the parking calculations for the Hermosa Pavilion; B. The proposed use is compatible with surrounding commercial uses and with surrounding residential uses; C. Strict compliance with the conditions of approval will mitigate any negative impact resulting from the issuance of the conditional use permit and will protect the public health, safety, and welfare; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a master Conditional Use Permit, to authorize outside dining and the sale of alcoholic beverages in conjunction with the restaurants at 1605 Pacific Coast Highway subject to the following conditions: 1. Outside dining shall not adversely affect the welfare of residents, and/or commercial establishments nearby. 2. A maximum of 3530 square feet of outside dining shal 1 be permitted within the Hermosa Paviliion on the second floor at -I - 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 locacions shown on the attached plan and distributed as follows: Balcony facing P.C.H. (adjacent to Picasso's Restaurant): 500 square feet South end, east of pedestrian aisle (adjacent to Monkee's Restaurant): 1230 square feet South end west of pedestrian aisle (common dining area) 1800 square feet Maximum 3530 square feet a) The total square footage shall not be exceeded unless by amendment to the approved Parking Plan. b) Modification to the distribution of the square footage to each outside dining area may be approved by the Planning Director as long as the total square footage is not increased, and a detailed plan of the areas is submitted. 3. Service of food and beverage to customers in the outside dining areas shall cease at 10:00 P.M. on Sunday through Thursday, and at 11:00 P.M. on Fridays, Saturdays and National Holidays. All customers shall be cleared from the outside areas by no later than 30 minutes after the end of food and beverage service. 4. Outdoor dining areas shall be separated from other public areas within the Pavilion by permanent structures, reviewed and approved by the Planning Director to clearly separate the areas and to prevent pass-through of alcoholic beverages. The 1100 square feet of outdoor dining area located at the soutwest corner of the second floor to remain unused shall also be separated with structures reviewed and approved by the Planning Director. 5. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. 6. Noise emanating from the outside dining areas 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. 7. Signs of at least 12" X 14" shall be posted conspicuously at all exits warning patrons who purchase any and all types of alcoholic beverages that "possession and/or consumption of alcoholic beverages in any public sidewalk, parking lot, beach, and/or any public place is prohibited by law and subject to citation and fine" 8. An employee who is conditional use permit business hours. aware of shall be the on conditions of this the premises during i 2 3 4 5 6 7 8 9 iO 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. All employees shall be given a copy of the conditional use permit and shall acknowledge by signature that the conditional use permit has been read and understood. 9. All alcoholic beverages shall be served in non-throw-away glass containers, including beer and wine. 10. The police chief may determine that a continuing problem exists and may require the presence of a approved doorman and/or security personnel paid business. 11. Any violation of the conditions and/or violation Hermosa Beach Municipal Code shall be grounds immediate revocation hearing and/or citation. police police by the of the for an 12. The outdoor eating areas shal 1 be maintained in a . neat and clean manner at all time. 13. Prior to the conditional use permit being in effect, the applicant shall submit to the planning department, a signed and notarized "Acceptance of Conditions" form. 14. A conditional use permit shall be recorded with the deed, and proof of recordation shall be submitted with the planning department. 15. The Planning Commission may review the 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. 16. Each of the above conditions is separately enforced, and if any of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. 17. The conditions contained herein are applicable and enforceable on all outside dining areas within the Hermosa Pavilion in addition to all the conditions of the conditional use permits for each individual restaurant business, which are also enforceable and applicable to the corresponding outside dining area. VOTE: AYES: Comms.Marks,Peirce,Chmn.Ketz NOES: None ABSTAIN: None AbSENT: Comm.Rue CERTIFICATION I hereby certify the foregoing Resolution P. C. 91-14 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, a their regular meeting of February 5, 19 ~.......-'£ ~_..~ /J/ J C ~ \~ /,/ ~ ~✓~ L----- Christine KeEz: Chairperson ubach, Secretary k-9::::. 1 ~1 199 / Date _ 3 _