HomeMy WebLinkAboutPC Resolution 06-22 - (1601PCH)1
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P.C. RESOLUTION NO.06-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A. CONDITIONAL USE PERMIT
TO ALLOW ON -SALE GENERAL ALCOHOL IN CONJUNCTION WITH A
RESTAURANT AND APPROVING A PARKING PLAN AMENDMENT
MODIFYING THE ALLOCATION OF USES WITHIN THE "HERMOSA
PAVILION" INCLUDING 8,000 SQUARE FEET OF RESTAURANT AT 1601
PACIFIC COAST HIGHWAY # 170 AKA 1605 PACIFIC COAST HIGHWAY.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Stillwater, LLC, on behalf of Stillwater
Contemporary American Bistro, seeking approval for on -sale general alcohol in conjunction with a
new restaurant proposed: in the Hermosa Pavilion, and amendment to the Parking Plan (P.C.
Resolution 03-45) to modify and update the allocation of uses approved as part of the shared parking
analysis.
Section 2. The Planning Commission continued the public hearing scheduled on June 20,
2006 to July 18, 2006, because the project was not properly posted on site as required by City
ordinance.
Section 3. The Planning Commission conducted a duly noticed public hearings to consider
the application for the Conditional Use Permit and Parking Plan Amendment on July 18, 2006, and
August 15, 2006, at which testimony and evidence, both written and oral, was presented to and
considered by the Planning Commission.
Section 4. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. On August 19, 2003, the Planning Commission adopted P.C. Resolution 03-45 to approve
Precise Development Plan and Parking Plan to remodel and expand an existing commercial building
and to allow shared parking to accommodate a new allocation of uses within the building including a
health and fitness facility, office, retail and restaurant uses. The approval included an allocation of
4,000 square feet for restaurant use.
2. The proposed restaurant will increase the allocation for restaurant use to 8,000 square feet,
and proposed changes also include updates in the allocation of uses to reflect other minor
modifications that have occurred since 2003 in the allocation of uses .within the building.
3. The site is zoned SPA-7, Commercial, allowing restaurant uses, and on -sale general alcohol
with approval of a Conditional Use Permit.
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4. The Planning Commission conducted a duly noticed public hearing to consider the revocation
or modification of the Precise Development Plan and Parking Plan on April 18, 2006, pursuant to
Section 17.70.010 of the Zoning Ordinance (sub -sections E and F), and adopted Planning
Commission. Resolution No. 06-16 (which pertains to the entire Hermosa Pavilion) to address
detrimental effects of spillover parking and which supersedes P.C. Resolution 03-45.
Section 5. 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 S.P.A. 7 which permits on -sale alcohol in conjunction with restaurant uses,
and the site is suitable for the proposed use;
2. The restaurant is located entirely within a secured, sound insulated building with entry only
from a common lobby accessible only from Pacific Coast Highway and no outdoor use is permitted
for the business;
3. The restaurant is separated from adjacent residential uses by the Hermosa Pavilion's fully
enclosed parking garage to the west, the width of Pacific Coast Highway to the east and more than
100 feet of building frontage to the north, thereby mitigating potential noise impacts from the
business;
4. The proposed use is compatible with the commercial uses within the Hermosa Pavilion,
consistent with the commercial character of the highway corridor and sufficiently secured within a
multi -tenant building to be compatible with adjacent residential uses;
5. The imposition of conditions, including a limitation on the hours of operation, no outdoor
dining and the requirement for free validated parking, as required by this resolution will mitigate
any negative impacts on nearby residential or commercial properties;
6. This project is Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act.
Section 6. Based on the foregoing factual findings, the findings for the Conditional Use
Permit, and the updated shared parking analysis prepared by Linscott Law and Greenspan; Parkin
Study Report, dated February 13, 2006, the Planning Commission makes the following findings
pertaining the application to amend the Parking Plan to modify the allocation of uses within the
Hermosa Pavilion:
1. The Parking Study Report identified and assessed all updated allocations including
future restaurant space of 8,000 square feet (therefore including the entire square footage of the
proposed restaurant), and found that weekday peak shared parking demand of 426 spaces can be
accommodated by the 454 standard spaces and 42 tandem spaces as now provided with the latest
revised striping layout.
2. Thus the study indicated that the shared parking impacts were immaterial to the
supply of parking (Linscott Law and Greenspan; Parking Study Report, pg. 27).
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3. The detrimental effects of the spillover parking which has occurred at the Hermosa
Pavilion, documented in the Parking S91dj Report, and potentially exacerbated with a new
restaurant, will be mitigated with the condition requiring free validated parking applicable to the
restaurant and to the entire building.
Section 7. Based on the foregoing, the Planning Commission hereby approves the
Conditional Use Permit for on -sale general alcohol in conjunction with a restaurant and approves
the amendment to the Parking Plan to modify the allocation of uses, subject to the following
Conditions of Approval.
1. Interior and building alterations and the continued use and operation of the restaurant
with appurtenant wine and cheese shop shall be substantially consistent with the plans
submitted and reviewed by the Planning Commission on August 15, 2006.
a. The Conditional Use Permit is for on -sale alcohol in conjunction with a restaurant
and ancillary uses designated on the floor plan for ( wine and cheese shop closing
before 11:00 P.M. ). Any intensification of use involving live entertainment, such as
providing a disc jockey or other forms of amplified music for customer dancing, any
type of live entertainment (i.e. live music whether acoustic or amplified, comedy acts,
or any other type of performances) or extended hours of operation beyond what is
specified requires amending this Conditional Use Permit.
b. If the Conditional Use Permit is amended to provide dancing, live music, or other live
entertainment as noted above, an acoustical analysis shall be conducted to verify
compliance with the noise ordinance, demonstrating that the noise_ will not be
audible from any adjacent residential use. Mitigation measures to attenuate noise
may include sound baffles, double glazing and other methods specified in the
acoustical study. The scope of the acoustical study shall be approved by the
Community Development Director
2. The hours of operation for all operations of the restaurant, including the lounge area,
shall be limited to between 7:00 A.M. and 12:00 Midnight.
3. The wine and cheese shop retail uses are appurtenant to the restaurant and shall only
operate in conjunction with the restaurant, but shall close at 11:00 P.M. The kitchen
shall remain open during operating hours to ensure that the use is maintained primarily
as a restaurant.
5. No televisions are permitted in any part of the restaurant.
6. The exterior access at the south east corner of the restaurant shall be use for emergency
exiting only with appropriate signage and panic hardware.
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7. The business shall not operate in a manner as to have and adverse effect on or interfere
with the comfortable enjoyment of neighboring residential and commercial property.
8. The business shall provide adequate staffing, management and supervisory techniques
to prevent ongoing and disruptive loitering, unruliness, and unduly boisterous activities
of the patrons outside the business.
9. Noise emanating from the property shall be within the limitations prescribed by the
City's noise ordinance and shall not be plainly audible from any residential use, and
shall not create a nuisance to surrounding residential neighborhoods, and/or
commercial establishments.
a) Outside dining and/or waiting areas are prohibited
10. The restaurant shall not require any cover charge or fee for general entry into the
restaurant or appurtenant areas.
11. The Police Chief may determine that a continuing police 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 Planning
Commission.
12. The applicant shall submit a detailed seating and occupant load plan prepared by a
licensed design professional, which shall be approved by the Community Development
and Fire Departments prior to implementing the restaurant use. An approved occupant
load sign must be posted in the business.
13. The Fire Department shall maintain a record of the posted allowable occupant load for
the business and regularly check the business for occupant load compliance. The Fire
Chief may determine that there is a repeat pattern of occupant load violations and then
shall submit a report to the Planning Commission which will automatically initiate a
review of this Conditional Use Permit by the Planning Commission.
14. The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
15. Any significant changes to the interior layout, which alter the primary function of the
business as a restaurant, (i.e. increasing floor area for bar seating, or adding a dance
floor) or increasing the designated floor area of restaurant seating shall be subject to
review and approval by the Planning Commission and require amendment to this
Conditional Use Permit.
16. The project and operation of the business shall comply with all applicable requirements
of the Municipal Code.
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17. The Planning Commission shall conduct a review of the restaurant operations for
compliance with the terms of the Conditional Use Permit in 6 months, and in response to
any complaints thereafter.
18.Two hour free validated parking shall be provided for patrons of the restaurant within
the Hermosa Pavilion parking facility and signs shall be prominently displayed at the
entry and within the restaurant to promote the two-hour free validated parking
program;
19. The Parking Plan approval, as set forth in P.C. Resolution 03-45, as amended by P.C.
Resolution 06-16, and sustained by the City Council on July 11, 2006, is amended with
respect to the allocation of uses, which shall be substantially consistent with or less than
the following allocation:
Health and Fitness Facility (including a.
basketball court and pool)
Office
Day Spa
Retail
Restaurant (.including food related retail
sales)
Auditorium
Storage
Total
Allocation (in square feet)
46,000
20,400
13,000
9,600
8,000
3,000
10,600
110,660
Any material change to this allocation requires amendment to the Parking Plan, and
approval of the PIanning Commission.
20. The Conditional Use Permit shall be subject to Planning Commission review 6 months
after commencement of business operations and annually thereafter.
Section 8. This grant shall not be effective for any purposes until the permittee and the owners
of the property involved have filed at 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 the
conditions of this grant.
The Conditional Use Permit and Parking Plan Amendment 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 the State Government Code. 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 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.
The Planning Commission may review this Conditional Use Permit and Parking Plan
Amendment 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 9. Pursuant to the Code of Civil Procedure Section 1094.6 any legal challenge to the
decision of the Planning Commission, after a formal appeal to the City Council, must be made within
90 days after the final decision by the City Council.
VOTE: AYES:
Allen, Kersenboom, Perrrotti, Pizer
NOES:
None
ABSTAIN:
None
ABSENT:
Hoffman
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 06-22 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California at their regular
meeti of August 15, 2006.
Kent Allen, Vic Chairman Sol Blume eld, ecretary
t
Dat
F:1B951CD1PC12006108-15-0616 - CUP1601PCH RESO - final.doc