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HomeMy WebLinkAboutPC Resolution 93-33 - (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. 93-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDIDONAL USE PERMIT AMENDMENT TO ALLOW 1WENTY-FOUR (24) HOUR OPERATION IN CONJUNCTION Willi A GROCERY MARKET WITH OFF-SALE GENERAL ALCOHOL FOR 1100 PACIFIC COAST HIGHWAY, RALPHS GROCERY COMPANY. -. . -·-. ------ WHEREAS, the Planning Commission held a public hearing on May 18, 1993 to receive oral and written testimony regarding this matter and made the following findings: • A. The proposed increase in hours of operation will not significantly intensify the subject business; B. The proposed use is compatible with surrounding commercial uses, but is adjacent to some residential uses, therefore, making it necessary to restrict the hours of loading and unloading of stock, to be compatible with residential uses; C. Strict compliance with the conditions of approval will mitigate any negative impact resulting from the issuance of the amendment, and will protect the public health, safety, and welfare of the community; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve an Conditional Use Permit Amendment, to authorize 24 hour operation in conjunction with a grocery market, at 1100 Pacific Coast Highway, subject to the following conditions: SECTION I: Standard Conditions of Approval: 1 . The establishment shall not adversely affect the welfare of residents, and/ or commercial establishments nearby. 2. 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. 3. Signs shall be posted conspicuously and prominently at all exists and all check-out stands warning patrons who purchase any and all types of alcoholic beverages that "possession . and / or consumption of alcoholic beverages in the public sidewalk, parking lot, beach, and I or any public place is prohibited by law subject to citation and fine. The City of Hennosa Beach vigorously enforces its liquor laws". Said signs shall be at least 5" x 7", shall be printed in a large type, permanently maintained, and shall be posted in visible locations. 4. An employee who is aware of the conditions of this conditional use permit shall be on the premises during business hours. a. All management employees shall be given a copy of the conditional use permit and sruµl aclmowledge by signature that the conditional use permit has been read and understood. · 5. Any Adult magazine "R-Rated" display shall be located behind the counter, not accessible to minors. 6. There shall be no sale of sexually explicit "X-Rated" magazines, unless a conditional use permit is obtained, as required by the Zoning Ordinance. 7. There shall be no sale of sexually explicit "X-Rated" video tapes, unless a conditional use permit is obtained, as required by the Zoning Ordinance. ' . 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 8. Clearly visible signs prohibiting loitering, littering, consumption of alcohol on the premises shall be posted in conspicuous locations. 9. Measures shall be taken to control loitering on the public sidewalk at all times. 10. The exterior of the premises shall be maintained in a neat and clean manner at all times. 11. All signs shall comply with the City Sign Ordinance. 12. Alcoholic beverages shall be sold only to individuals 21 years of age or older. • 13. Any violation of the conditions and / or violation of the Henn.osa Beach Municipal Code shall be grounds for an immediate revocation and / or citation. 14. The Police Chief may determine that a continuing JX>lice 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. 15. Any changes to the exterior or interior design shall be subject to review and approval by the Planning Director. 16. Noise emanating from the subject property shall be within the limitations prescribed by the City's Noise Ordinance, Article 19 .5 of the Hermosa Beach Municipal Code, and shall not create a nuisance to the surrounding residences. 1 7. Prior to the amended conditional use permit being in effect , the applicant shall submit to the planning department, a signed and notorired "Acceptance of Conditions" form. 18. A conditional use permit shall be recorded with the deed, and proof of recordation shall be submitted to the planning department. 19. The Planning Commission may review the amended conditional use permit and may amend the subject conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 2 0. Each of the above conditions is separate! y enforced, and if any of the conditions of approval is found to be invalid by a court oflaw, all the other conditions shall remain valid . and enforceable. SECTION II: Site Specific Conditions of Approval: 1. The hours of operation may be twenty-four hours a day. 2. The hours for delivery and loading and unloading shall be prohibited between 10:00 PM. to 6:00 AM. seven days a week. Loading and unloading shall only be permitted between 6:00 A.M. and 10:00 P.M. daily. 3 . A lighting plan shall be submitted to the Planning Department and the Police Department for increased lighting to insure that the increased lighting is adequate and does not negatively impact the surrounding residential properties. SECTION Ill: This grant shall not be effective for any purposes until the permittee and the owner of the property involved 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. The Conditional Use Permit shall be recorded with Los Angeles County, and proof of recordation shall be submitted to the Planning Department. :_tu0 ~ ]2,\2 a Q.-0 No . ty 3 ·\bl \ 1-°? 1 t • 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 F.a.ch of the above conditions is separately enforced, and if any of the conditions of approval is found to be invalid by a court oflaw, all the other conditions shall remain valid and enforceable. 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 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 IV: Any violation of these 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: Comms. Marks, Merl, Suard NOES: Chmn. Di Monda ABSTAIN: None ABSENT: Comm. Oakes CERTIFICATION I hereby certify the foregoing Resolution P.C. 93-33 is a true and complete record of the action ta.lo n b t e Planning Commission of the City of Hermosa Beach, California,· at th~ir regular m · g ay 18, 1993. ---; _,, _ ,---:e--~. ·Afii J/lcCO ~ 1/; / seph Di Monda, Chairperson MicM.el Schubach, Secretary G;,,-/-95Date ' I COPY Do _, dotacft-••••r11 all copi•• Do Not Writo AN"• flti• Ll110-for ffoadlfuartors Olrice Only APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) 1. TYPE(S) OF LICENSE(S) FILE NO. --·'partment of Alcoholic Beverage Control RECEIPT NO. 1-/01 Broadway 615390 Sacramento, Calif. 95818 Ri:!a.,...t~ ~1';:i for 21-0ff Sale General GEOGRAPHICAL ( DISTRICT SERVING LOCATION) CODE 1924~-1 The undersigned hereby applies for Ir.glewood RECEIVED Date licenses described as follows: AUG 1 .1 1992 Issued Temp. Permit 2. NAME(S) OF APPLICANT(S) 0 '3i,YecMGRr ~f~ □ ALPH.A BETA COMPANY Effective Date: l-Tnen t rfd Effective Date: 3. TYPE(S) OF TRANSACTION(S) FEE LIC. TYPE 24071.1 ~tock •rransfer $ 100 21 BPU 24 \ (Sec 24071) 50 21 >erson to Person 4. Nome of Business 1U,PHA BETA S'I'ORE 1~557 BPU 24 5. Location of Business-Number and Street 1100 Pacific Coast Highway City and Zip Code County $ 1.!:18 {ermosa :aeach 90254 Los Angeles TOTAL ~ If Premises Licensed, Show Type of License 21-0ff Sale General {Surr Rule 65) 7. Are Premises Inside City Limits? Yes 8. Mailing Address (if different from 5)-Number and Street 777 South Harbor Boulevard ; La Habra, (Temp) (Perm) California 90631 PerM 9. Have you ever been convicted of a felony? 10. Have you ever violated any of the prov1s1ons of the Alcoholic Beverage Control Act or regulations of the Department per- taining to the Act? Yes-Various 11. Explain a "YES" answer to items 9 or 10 on an attachment which shall be deemed part of this application. 12. Applicant agrees (a) that any manager employed in on-sale licensed premises will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. 13. ST ATE OF CALIFORNIA County ·of ____ Qran.ge..----'--------------------Date ___ June.._·:, 4..,..._.l,9c..9J ___ ·-• d I f . h h . b 1 ·r, d I) H . h Accepted 9/h10/912 Un er pena ty o per1ury, eoc person w 01e signature appears e ow, cert1 1es an says: ( e 1s t e appl'iCant, or one of t e cfpp 1canh, or an executi"'~ ofrecer of the applicant corporation. named in the for.going application, d~ly outhorited to make this application on ih behalf; (2} that he' hos read the fort.• going application and knows the contents thereof Cllnd that each and all of the statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant's or applicants' buSlneu to be conducted under the license(s) for which this application is made; (,4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for on~· creditor of transferor or to defraud or injure any <'a)' of transferor; (5) lhat the transfer application may be withdrawn by either the applicant or 1he licensee with no resulling liability to 14. ·:,~gi~i~ --#_0L!;__(~1_/,~----, ------------------------------------- ALPHA BETA cmlPA~ Gary Crook, V ice President ____________________________________ . --------------·---------~, n APPLICATION BY TRANSFEROR ST ATE OF CALIFORJ'>UA County of_ ___ Orange __ , . ________________ Date ____ J une_ 2 4 , _ 19 ------· __.. ,.,,.,-I ,,- -_,/ Under penalty, of•-~iury.,\\eOth person whose signature appears below, certifies and says: (1) He is the licensee, or an executive officer of the corporate licensee, named I~ ,h; fciregoing 'tronsler application, duly authorized to make this transfer application on its behalf; (2) that he hereby makes application to surrender all interest in the ~ttached lic;nse(s) described below and to transfer some to the applicant and or location indicated on the upper portion of this of]plicotion form, if s'uch trander is opprc:;ed by the Director; (3) that the transfer application or proposed transfer is not made to satidy the payment of a loon or to fulfill an agreement entere"'d _into o':! than ninety days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for -;;;Y cre(UtOr of transferor or to defraud or iniure any creditor of tran1feror; (.C) thot the transfer application may be withdrawn by either the applicant or the licen',ee wit 'no resulting liability to the Department. I ~ 16. Name(s) of Licensee(s) ~ 17. Sig,nqfure(s) of License~(s) 1 B. License Number(s) I 'rl, / I !& 100 MINUTES OF THE REGULAR MBETING OF THE CITY COUNCIL of the City of Hermosa Beach,·California, held in the Council Chamber, City Hall, Civic Center; on Tuesday, April 25, 1978. PLEDGE OF ALLEGIANCE -led by Councilman Doerfling ROLL CALL Present: Councilpersons Barks, Doerfling, Widman,Tyson,Mayor Schmeltzer Absent: None < '-....\ PUBLIC HEARING -APPEAL FROM DENIAL BY THE PLANNING COMMISSION OF CONDITIONAL USE PERM.IT FOR GENERAL OFF-SALE OF HARD LIQUOR, ALPHA BETA MARKET# 127 , 1100 PACIFIC COAST HIGHWAY. 12 evidentiary items. -- Mayor Schmeltzer deelared'. the public hearing open and heard speaking in favor of the appeal was Ed Markson, Vice President, Alpha Esta Market, 777 S. Harbor Boulevard, La Habra. Heard speakirgin opposi- tion was Al Valdes, 2840 Amby Place. As no one else came forward to speak, Mayor Scli..meltzer :deciare·d the public hearing closed followed by Council discussion. ACTION -to grant appeal and override the decision of the Planning 1Commission of conditional use permit for general off-sale of hard liquor, property located at 1100 Pacific Coast Highway, Alpha Beta Market #127, subject to the following conditions: 1) Six month · review; 2} Parking to be maintained and not diminished in any way; 3) Maximum hours of operation to be 6:00 a.m. to l .~., unless otherwise approved 'by the Planning Commission. A,H_, Motion by Councilman Doerfling, seconded by Councilman Barks Ayes: Councilpersons Barks, Doerfling, Widman, Tyson, Mayor Schmeltzer Noes: None Absent: None FURTHER ACTION -to direct the 9ity -Attorney to submit report re- garding what amendments may be necessary to the City Code in the granting of temporary conditional use permits and if we have the authority to do so. Motion by .Councilman Widman, seconded by Mayor Schmeltzer So ordered .• PUBLIC HEARING -J.\_pPEAL FROM DENIAL BY BOARD OF ZONING ADJUSTMI;:NT' OF LEGAL DETERMINATION FOR THREE UNITS ON PROPERTY LOCATED . AT 1546 BONNIE BrolB. Mr. and ?vlrs. Donald Neuhuys, Applicants. 22 evidentiary i terns. Mayor Schmeltzer declared the public hearing open and heard speaking in favor of .the appeal were Mr. Donald Neuhuys, applicant and Marjorie Lir.niger, 1546 Prospect. Heard speaking in opposition to·-the granting of the appeal were:· Gaylord Minor, 977, 15th Place; Hank Rice, 1015 15th Place; Bruce Walker, 1601 Prospect; Phyllis Miller, 1005 - 15th Place. As no one else came forward to speak Mayor Schmeltzer delcared the public hearing closed followed by Council discussion.