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HomeMy WebLinkAboutPC Resolution 86-16RESOLUTION P.C. 86-16 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA 2 BEACH, CALIFORNIA, AMENDING THE EXISTING CONDITIONAL USE PERMIT IN CONJUCTION WITH A RESTAURANT AT 2701 PACIFIC COAST HIGHWAY. 3 4 WHEREAS, the Planning Commission of the City of Hermosa Beach 5 held a public hearing on March 4, 1986 to consider an amendment 6 of the existing Conditional Use Permit for the sale of general 7 alcoholic beverages in conjunction with the operation of a res- 8 taurant at 2701 Pacific Coast Highway and made the following 9 findings: 10 1. The proposed modification involves constructing a glass en- 11 closed dining area. 12 2. The proposed modification is compatible with the surrounding 13 area and is consistent with the General Plan and zoning 14 ordinances. 15 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission 16 of the City of Hermosa Beach, California does hereby resolve as 17 follows: 18 19 20 21 22 Section 1. That modification of an existing Conditional Use Per- mi t for the sale of general alcoholic beverages in conjunction with the operation of a restaurant at 2701 Pacific Coast Highway is granted subject to the following conditions: 23 1. Service of alcoholic beverages shall be in an establishment that operates a full kitchen and provides a full menu (com­ plete lunches and/or dinner with hot entrees) and the primary purpose of the es t a b li shment is the service of food. 24 25 26 2. Alcoholic beverages shall be served in permanent glass con­ tainers only. 27 3. All alcoholic beverages shall be consumed on the premises, and none may be taken out. 28 . , 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 4. 5. 6 . 7 . 8 . 9. 10. A minimum 8-foot-high decorative block wall shall be con­ structed in a manner adequate to significantly reduce noise emanating from the activities of the business. The wall shall be located either on the westerly boundary adjacent to the main structure and adjacent to the parking stalls, or on private property on the westerly side of the alley with the owner's consent. If the wall is to be placed on the westerly side of the alley, a covenant with the City a party thereto to maintain the wall for as long as this Condit i on a l Use Per­ mit is in effect shall be required. Design an d materials shall be subject to the approval of the Planning Director. No expansion of the approved hours of service a. m.) with out Pl a nn in g Cornmiss ion approval and notification an d a ppro v al of the Department Beverage Control. (11 a.m. to 2 subsequent to of Alcoholic a. Hours of operation shall be further restricted until the required wall is completed. The hours shall be 11 a.m. to 10 p.m. on weeknights, 11 a.m. to 12 a.m. on Friday, Saturday, and Sunday. The further restriction of hours shal 1 end upon approval of the completed wal 1 by the Planning Director. Approval by the Building Department of all exterior modifica­ tions and signing. If the Police Chief determines a continuing police problem to exist at-the business he may require the presence of a police-approved doorman. This Conditional Use Permit is to be for only this current use as defined in the present conditions; any change in use or non-observance of any condition of operation will be cause for revocation of the permit. The grounds of the business and parking lot shall be main­ tained in a clean and neat manner at all times. This Conditional Use Permit is issued exclusively for and so long as the premises remain a restaurant, which is defined as having gross sales as follows: 50% food sales -50% al­ coholic beverages, averaged on three (3) months receipts. The applicant shall maintain separate books and records iden­ tifying sales of food/alcoholic beverages. Food shall in­ clude the sale of beverages other than alcoholic beverages. Upon request at the time the City inspects the books and records of the applicant, the applicant shall also submit to the City copies of all records sub mitted to the State Board of Equalization for purposes of computing sales tax. Appli­ cant gives the right to the City to r ev iew the recotds of the state Board of Equa~ization for the purposes of ve r ify in g the applicant's books and · records, with the unders t anding that these reviews are confidential. 27 11. There shall be a six-month review -September 16, 1986. 28 12. In the event that any one condition is found to be illegal or unenforceable by a court of competent jurisdiction, then the . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 13. 14. 15. 16. 17. 18. parties agree that all of the conditions shall remain in full force and effect. The parties understand that the applicant is represented by counsel at all step c. of the se proceedings and it is the opin io n of the City Attorney that the cond i­ t ions meet Constitutional requirements, and in the event that either attorney is in error both parites agree that no action for damages shall be brought against the other party and the exclusive remedy on behalf of the applicant is for a Mandate of Declaratory Relief to make the determination that any one or more conditions is illegal and unenforceable, and parties waive all rights to damages. There shall be no windows located in the west or north walls of the area entitled "lounge." Any door opening in those walls necessary for emergency exits shall normally remain in a closed position and shall be labeled "Emerge ncy Exit Only.11 Three (3) additional parking spaces shall be striped and have wheel stops provided on the eastern edge of the parking lot. Park ing shall be proh ibite d in the access lane of the parking lot a long the north side of the building and 11 NO PARKING" shall be clearly painted on the pavement. Signs shall be posted at the entrances to the parking lot on Pacific Coast l ighway and the alley which sh al l st E1t e the location of overflow parking and shall state "NO PARKING IN ALLEY"; signs shall be a minimum of 4 square feet and con­ structed of wood or equivalent material. A physical barrier such as a planter or curb shall be in­ stalle don the west side of the parking lot to prevent parked cars from encroaching into the public right-of-way. When the parking lot is full, an employee shall be stationed in the lot to direct patrons to overflow parking. 18 VOTE: 19 AYES: Comrns.Peirce,Rue,Chmn.Sheldon NOES: Comm. Compton 20 ABSENT: Comm.Schulte 21 ABSTAIN: None 22 CERTIFICATION 23 24 I hereby certify that the foregoing Re solution P. C. 86-16 is a 25 true and complete record of the action taken by the Planning Com- 26 mission of the City of Hermosa Beach, California at their regular 27 meeting of March 4,1986. 28 • IJv Jlu:1i Michael Schubach, Secretary 1 Ghuc~~Chairman 2 3 Date 4 5 6 7 8 g 10 11 12 13 14 ) 15 16 17 18 19 20 21 22 23 24 25 26 u 27 28