HomeMy WebLinkAboutPC Resolution 06-21 - (1025 PCH)2
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P.C. RESOLUTION 06-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW OUTDOOR DINING/SEATING IN
CONJUNCTION WITH AN EXISTING RESTAURANT AT 1025 PACIFIC
COAST HIGHWAY, AND LEGALLY DESCRIBED AS PORTIONS OF
LOTS 1-3, TRACT NO. 223 AND PORTIONS OF LOTS 1-3, BLOCK 2,
TRACT 6851
Section 1. An application was filed by Wally Curry seeking approval of a Conditional Use
Permit to allow outdoor dining/seating in conjunction with an existing restaurant.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the application to amend the Conditional Use Permit on July 18, 2006, at which testimony and
evidence, both written and oral, was presented to and considered by the Planning Commission
Section 3. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. The existing Rocky Cola Restaurant serves no alcohol, beer or wine and has been in
operation since October 4, 1994. The building has been a restaurant use since 1971
2. The restaurant is situated on two properties, located in the PCH commercial district,
and contains 39 total parking spaces, with 19 spaces on site, and 20 on the northerly portion of the
property.
3. The site is zoned C-3 allowing the requested "outdoor -dining" use with a Conditional
Use Permit.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application to amend the Conditional Use Permit:
1. The site is zoned C-3, and the continued operation of the restaurant with the proposed
modifications is suitable for the proposed location.
2. The imposition of conditions as required by this resolution to address noise and
nuisance concerns will mitigate any negative impacts on, and will improve its compatibility with,
nearby residential or commercial properties within the PCH commercial district;
3. This project is Categorically Exempt pursuant to 15323, Class 23 of the California
Environmental Quality Act Guidelines. Normal operations of existing facilities for public
gatherings for which the facilities were designed, where there is a past history of the facility being
used for the same kind of purpose.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
requested Conditional Use Permit subject to the following Conditions of Approval,:
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1. Any interior and exterior building alterations and the continued use and operation of the
restaurant shall be substantially consistent with the plans submitted and reviewed by the
Planning Commission on July 18, 2006.
2. The C.U.P. is not in effect until all existing illegal banners on display are removed, and no
temporary signs are allowed for the remainder of the calendar year (2006). Temporary
signs on the property in the future (beginning calendar year 2007) shall be in compliance
with Chapter 17.50 of the Zoning Code (Sign Ordinance), limited to one banner sign for 90
days in the calendar year.
3. The hours of operation of the outdoor dining, seating and any use of the outdoor patio
shall not be allowed later than 10:00 PM. No patrons shall be seated on the outside d
patio areas after 9:00 P.M.
4. The establishment shall not adversely affect the welfare of the residents, and/or commercial
establishments nearby.
5. The business shall provide adequate staffing, management and supervisory techniques to
prevent Ioitering, unruliness, and boisterous activities of the patrons outside the business
and in nearby public areas.
6. The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
7. Any changes to the interior or exterior layout which would alter the primary function of
the business as a restaurant shall be subject to review and approval by the Planning
Commission.
S. The project and operation of the business shall comply with all applicable requirements of
the Municipal Code.
9. No live entertainment shall be permitted in the outside dining/seating area.
10. 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. Noise emanating from the property shall be
monitored to verify compliance with the noise ordinance in response to any complaints.
Section 6. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed a the office of the Planning Division of the Community
Development Department their affidavits stating that they are aware of, and agree to accept, all of 9
conditions of this grant.
The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to
the Community Development Department.
Each of the above conditions is separately enforced, and if one of the conditions of approval
is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
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Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers, or employee
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 fulls
in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless
the City.
The permittee shall reimburse the City for any court and attomey'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 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 per to cease any development
or activity not in full compliance shall be a violation of these conditions.
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.
Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
decision of the Planning Commission, after a formal appeal to the City Council, must be made wi
90 days after the final decision by the City Council.
VOTE: AYES:
Allen, Hoffman, Kersenboom, Pizer
NOES:
None
ABSENT:
Perrotti
ABSTAIN:
None
CERTIFICATION
i hereby certify the foregoing Resolution P.C. 06-21 is a true and complete record of the action taken
by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of
41y 18, 2006.
Peter
Date July 18, 2006
P:1B951CD\PC12006107-18-061CUP 1025PCHRBSO.doe
Sol Blujnenfe'ld, Secretary
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