HomeMy WebLinkAboutPC Resolution 91-15 - (49 Pier)1
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RESOLUTION P.C. 91-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING AN EXISTING CONDITIONAL USE PERMIT
FOR OUTSIDE DINING AND ON-SALE GENERAL ALCOHOL IN CONJUNCTION
WITH A RESTAURANT TO ALLOW THE ENCLOSURE OF THE OUTSIDE DINING
AREA LOCATED ON THE AERIAL WALKWAY WITHIN LORETO PLAZA AT 49 PIER
AVENUE, AND LEGALLY DESCRIBED AS LOTS 22, 23 AND 24, BLOCK 13,
HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on
February 5, 1991, to receive oral and written testimony regarding
a Conditional Use Permit amendment to enclose and outside dining
area and made the following findings:
A. On January 10, 1977 the Planning Commission granted a
conditional use permit for the subject location allowing
outside service on the aerial walkway above city property and
to allow on-sale beer and wine;
B. The subject business is located on the second floor of small
open air mall, Loreto Plaza, which it shares with one other
restaurant and a mix of retail and office uses: all parking
for the facility is public parking;
C. The proposed enclosure would be for an area already approved
for outside dining and it would be compatible with
surrounding commercial uses and with surrounding residential
uses;
D. Granting the C.U.P. does not officially authorize the use of
the city property for outside dining purposes, the applicant
must still obtain the necessary license and lease agreement
from the City Council;
E. Strict compliance with the conditions of approval will
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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 amend an
existing Conditional Use Permit, to authorize the enclosure of
the aerial walkway for outside dining purposes, in conjunction
with the existing restaurant with on-sale beer and wine at 49
Pier Avenue, subject to the following conditions:
1. The establishment shall not adversely affect the welfare of
residents, and/or commercial establishments nearby.
2. The hours of operation shall be limited to between 6:30 A.M.
and 1:00 A.M. daily.
3. Outside dining shal 1 be provided in such a manner as to
maintain a minimum of five (5) feet wide clear access through
the aerial walkway at all times.
4. 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.
5. 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.
6. Screens shall be installed on all openable exterior windows
to prevent pass-through of alcoholic beverages and to control
flies.
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
a. All employees shall be given a copy of the conditional use
permit and shall acknowledge by signature that the
conditional use permit bas been read and understood.
9. Al 1 alcoholic beverages shal 1 be served in non-throw-away
glass containers, including beer and wine.
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10. Beer and wine shall only be served when food is available and
there shall be not separate bar area.
11. The pol ice chief may determine that a continuing pol ice
problem exists and may require the presence of a police
approved doorman and/or security personnel paid by the
business.
12. Any violation of the conditions and/or violation
Hermosa Beach Municipal Code shall be grounds
immediate revocation hearing and/or citation.
of the
for an
13. The exterior of the premises shall be maintained in a neat
and clean manner at all time.
14. Alcoholic beverages shall be sold only to individuals over 21
years of age.
15. Any changes to the exterior or interior design or floor plan
shall be subject to review and approval by the Planning
Director.
16. 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.
17. The owners and operators of the business shal 1 be
responsiblefor all liability involved in the operation of the
facility, and from their insurance the City is specifically
held harmless from liability on account of any activity
enabled by this conditional use permit.
18. The permittee promises to defend the City from any suits
claiming liability on the account of any activity enabled by
the conditional use permit and the permittee shall indemnify
the City as the insured in an amount suitable to the City
Attorney.
19. The permit to use the outside dining area is not effective
until the permittee provides indemnification in an amount
satisfactory to the City Attorney, and once it becomes
effective the permit is revoked automatically if and when
indemnification lapses.
20. The construction, layout of tables, and use of the aerial
walkway for outside dining shall be in full compliance with
all requirements of the Building and Safety Department and
the Public Works Department.
21. 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.
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22. A conditional use permit shall be recorded with the deed, and
proof of recordation shall be submitted with the planning
department.
23. 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.
24. The conditions contained in this resolution hereby supersede
and incorporate all currently applicable conditions contained
in P.C. Resolution 77-6.
VOTE: AYES:
NOES:
ABSTAIN:
AbSENT:
Comms.Marks,Peirce,Chmn.Ketz
None
None
Comm.Rue
CERTIFICATION
I hereby certify the foregoing Resolution P. C. 91-15 is a true
and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, Califo~rnia, ,at their
regular meeting of February 5, 1991. _ _., ,
1 L ~ ) ~tz . ~ ~-
Christine Ket~hairperson Michae Schu acb, Secretary
k-:t_ JS 152/ Date a/pcrs53
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