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HomeMy WebLinkAboutPC Resolution 86-49RESOLUTION P.C. 86-49 1 2 A RESOLUTION OF THE PLANNING COMMISISON OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AMENDMENT OF A CONDITIONAL USE 3 PERMIT FOR BEER AND WINE AND OUTSIDE DINING AND A NEGAQTIVE DECLARATION IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT AT 4 23-25 TWENTY-SECOND STREET KNOWN AS MARTHA'S. 5 WHEREAS, the Plannig Commission held a hearing on this 6 matter on October 21, 1986 and made the following findings: 7 1. The proposed project is compatible with applicable General 8 and specific plans. 9 2. The proposed project is not expected to negatively impact 10 neighboring residents and properties. 11 12 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby 13 approve a Conditional Use Permit for sale of beer and wine and 14 outside dining and a Negative Declaration for a restaurant at 15 23-25 Twenty-second Street subject to the following conditions: 16 17 18 19 20 21 22 23 24 25 2G 27 28 1. 2. 3. 4. 5. Development shall be in substantial conformance with submitted plans and in conformance with all of the following conditions; any proposed modification shall be submitted to the Planning Department for review and approval. A bicycle rack with at least 20 spaces shall be installed on the premises. A railing not more than 36 inches high shall be installed around the outdoor seating area. The railing shall be constructed of steel pipe and attractively painted. Seating shall be limited to fifty (50) persons, including indoor and outdoor seating. Applicant shall submit three (3) sets of revised plans to the Planning Department for review. Building permits shall not be issued and this Conditional Use Permit shall not take effect, and therefore the license shall not be granted, prior to approval of plans by the Planning Department. Revised plans shall include: a. Revised seating plan. b. Location of the bike rack. -1 - 1 2 3 4 6. 7. c. Location of the railing and description of materials. This Conditional Use Permit shall not become effective until an Encroachment Permit has been approved by the Public Works Director. The establishment shall not adversely affect the welfare of the residents and/or commercial establishments nearby. 5 8. The business shall provide adequate management techniques and supervisorial techniques to prevent loitering, unruliness, 6 and boisterous activites of patrons outside the business. 7 9. A manager or clerk who is aware of conditions of the Conditional Use Permit shall be on the premises during business hours. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. The manager or clerk 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. 10. All alcoholic beverages shall be served in non-disposable containers. 11. The Police Chief may determine that a continuing police problem exists and may require the presence of a police-approved doorman and/or security personnel. 12. 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. 13. The exterior of the premises shall be maintained in a neat and clean manner at all times. 14. Any changes to the interior layout shall be subject to the review and approval of the Planning Commission. 15. Prior to this Conditional Use Permit being in effect, the applicant shall submit to the Planning Department a signed and notarized "Acceptance of Conditions" form. 16. A Conditional Use Permit shall be recorded with the deed, and proof of recordation shall be submitted to the Planning Department. 17. 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. 18. Service of alcoholic beverages shall be in an establishment that operates a full kitchen and provide a full menu (complete lunches, and/or dinners, with hot entrees) and the primary purpose of the establishment shall be the service of food. -2 - • -, I, .. 1 2 3 4 5 6 19. 20. All alcoholic beverages shall be consumed on the premises; no alcohol shall be sold as take-out orders. This Conditional Use Permit is issued exclusively for and so long as the premises remains a restaurant which is defined as having gross sales as follows: not less than 65% food, no more than 35% beer and/or wine sales computed monthly. 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 submitted to the State Board of Equalization for the purposes of verifying the applicant's books and records, with the understanding that these reviews are confidential. 7 21. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. 8 9 10 11 a. b . Alcoholic beverages may be served indoors from 8:00 a.m. to 9:00 p.m. Alcoholic beverages may only be served outdoors from 11:00 a.m. to 3:00 p.m. on Saturdays, Sundays, and State and Federal holidays. 12 22. There shall be a six-month review (April 21, 1987) and annual reviews thereafter. 13 VOTE: 14 15 16 AYES: Comms. Rue, Schulte, Chmn. Sheldon NOES: Comm. Peirce ABSTAIN: None ABSENT: Comm. Compton CERTIFICATION 17 I hereby certify that the foregoing is a true and complete record of the action taken by the Planning Commission of the City of 18 Hermosa Beach, California, at their regular meeting of October 21, 1986 . 22 23 Date 24 25 26 27 28 -3 -