HomeMy WebLinkAboutPC Resolution 88-741 RESOLUTION P.C. 88-74
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA 2 BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT
3 TO RELOCATE AN OUTSIDE DINING AREA AND ADD 845 SQUARE FEET OF
OFFICE, WAITING AND STORAGE AREA AND PARKING PLAN AT 1100 THE
4 STRAND, LEGALLY DESCRIBED AS LOTS 1,2,3, AND 4, BLOCK 12, HERMOSA
VILLA TRACT AND ENVIRONMENTAL NEGATIVE DECLARATION.
5 WHEREAS, the Planning Commission held a Public Hearing on
6 August 16, 1988 and September 6, 1988, to receive oral and
7 written testimony regarding this matter and made the following
8 Findings:
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The City Council on September 24, 1985, approved Resolution
85-4869 to allow the sale of beer and wine in conjunction
with the operation of a restaurant;
The applicant is requesting a Conditional Use Permit
amendment to relocate the outside dining area and add an
office, storage, and waiting areas;
The applicant is proposing to provide five additional parking
spaces for the proposed addition;
Several of the patrons of the business arrive by bicycle or
by foot;
The site is located accross from a City parking lot if
overflow parking is ever necessary;
The proposed use is consistent with the zoning and General
Plan;
24 NOW THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Hermosa Beach, California, does hereby approve a
25 Conditional Use Permit Amendment and Parking Plan at 1100 The
Strand subject to the following Conditions:
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1. Tandem parking
parking only.
spaces shall
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be designated for employee
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a. The tandem parking space shal 1 be posted for employee
parking only.
The proposed handicapped parking space shall be relocated so
it will not be in tandem.
A thirty-six inch (36 11
) fence shall be located along the
southern property line to prevent automobiles from accessing
tandem parking through the sidewalk.
A bicycle parking area shall be designated on site for a
minimum of 40 bicylces.
The outside patio area shall be designated for a maximum of
one (1) seat per each fifteen (15) square feet floor area or
as approved by the Building and/or Fire Department.
The patio roof shall be limited to a convas covering or
similar covering; no permanent roof shall constructed.
The proposed parking site plans shall be revised to show the
location of the handicapped parking space and 36" fence and
shall be subject to approval from the Planning Department.
a. The parking lot shall be striped as indicated on
approved plans.
b. The parking lot shall be as shown on approved plans and
shall provide a minimum of 23 parking spaces.
The exterior premises,including parking areas,
maintained in a neat and attractive manner.
shall be
Any modification to the parking plan and/or Conditional Use
Permit shall be subject to approval by the Planning Director
and/or Planning Commission.
10. Any problems with parking, or ingress and egress into the
parking lot shall be cause for the Parking Plan to be
reviewed by the Planning Commission.
11. Service of alcoholic beverages shall be in an establishments
that operates a full kitchen and provides a full menu
(complete lunches and/or dinners, with hot entrees) and the
primary purpose of the establishment is service of food.
12. Alcoholic beverages
containers only.
shall be served in permanent glass
13. All alcoholic beverages shall be consumed on the premises and
none may be taken out or served through the takeout window.
14. Hours of operation to be 7:00 a.m. to 10:00 p.m.
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15. Operators of the business must police the sidewalks which are
directly adjacent to the business for litter and maintained
in a clean and orderly manner on a daily basis.
16. Any changes to the interior layout of the establishment shall
require Planning Commission approval as a modification to the
Conditional Use Permit.
17. Maximum permissible occupancy must be clearly posted at all
times and may not be exceeded at any time. If the pol ice
and/or Fire Departments determine that the maximum
permissible occupancy of the building is being violated they
may cite the business and request a Conditional Use Permit
revocation.
18. Signs shall be posted in conspicious locations warning
patrons of the illegality of open alcohol containers on any
public sidewalks, such as The Strand, or beach.
19. If, in the judegement of the Police Department, it is deemed
necessary, two policemen will be assigned as doormen at the
business' expense during business hours.
20. This permit is subject to review in six months.
21. 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: not less than 65% food (not to
include take-out food) and 35% beer and/or wine sales
computed monthly. The applicant shall maintain separate
books and records identifying sales of food/ alcoholic
beverages. The City shall have the right during business
hours upon 15 days notice to inspect the books and records of
the applicant to determine the gross sales of food and/or the
gross sales of alcoholic beverages, with the first audit to
be in three months. 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.
22. This Conditional Use Permit is to be for this current use as
defined in the present conditions; any change in use or
violation of any condition of operation will be cause for
revocation of the permit.
23. In the event that any one condition is found to be illegal
and unenforceable by a court of competent jurisdiction, then
the parties agree that all other conditions shall remain in
full force and effect. The parties understand that the
applicant is represented by counsel at all steps of these
proceedings and it is the opinion of the City Attorney that
the conditions meet Constitutional requirements, and in the
event that either attorney is in error both parties agree
that no action for damages shall be brought against the other
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party 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 under
the Civil Rights Act as promulgated by a recent Supreme Court
decision.
24. This resolution supercedes City Council Resolution 85-4869.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Edwards,Ketz,Rue,Chmn.Peirce
None
Comm. Ingell
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 88-74 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 September 6, 1988.
Jam~ce, Chairman
l4 Date
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