HomeMy WebLinkAboutPC Resolution 89-05L
RESOLUTION P.C. 89-5
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
2 11 BEACH, CALIFORNIA, APPROVING A PARKING PLAN AND AMENDING A
CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING
3I I RESTAURANT (LA TRAVIATA) AT 934 HERMOSA AVENUE, SUITES 2 AND 3,
LEGALLY DESCRIBED AS LOTS 27, 28, AND 30, TRACT 1564 AND
4 11 ENVIRONMENTAL NEGATIVE DECLARATION.
5 WHEREAS, the Planning Commission held a public hearing on
6 January 3, 1989 to receive oral and written testimony regarding
7 this matter and made the following Findings:
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11 11 B.
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15 11 D.
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The applicant is requesting to expand an existing restaurant
into a 400 sq. ft. suite which previously bad been used as
retail space;
There will be no new floor area; the proposed restaurant will
expand into an existing suite;
Based on current parking standards, four additional parking
spaces are required for the proposed restaurant expansion;
The applicant is requesting to use four parking spaces from a
mixed use commercial complex adjacent to the subject property
at 936 Hermosa Avenue;
Analysis of the businesses at 936 Hermosa Avenue indicate
parking spaces are available at the site;
The existing Conditional Use Permit of the restaurant at 934
Hermosa Avenue for beer and wine will need to be amended to
reflect approved hours of operation;
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California, does hereby approve a
Parking Plan and Conditional Use Permit Amendment to allow for
the expansion of a restaurant at 934 Hermosa Avenue and
Environmental Negative Declaration subject to the following
Conditions:
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The proposed parking plan shall be in substantial conformance
to the approved plans. Any modifications are subject to
approval by the Planning Director and/or Planning Commission.
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2. A covenant shall be recorded with the deeds of the site, with
the City made a party thereto, limiting the use of the sites
and prohibiting the elimination of any parking spaces.
2 11 3. Any modifications to the existing uses at either 934 or 936
Hermosa Avenue are subject to approval by the Planning
Director. 3
4 114. The four parking spaces being granted for use by the
commercial building at 936 Hermosa Avenue shall be posted
with signs stating "reserved for employees and customers of
La Traviata from 5:00 p.m. to 12:00 p.m. All others shall be
towed pursuant to H.B.M.C. Section 19-9.".
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7 11 5. If the VPD is extended, the restaurant shall provide
validated parking.
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6. Any modifications of said parking plans shall be subject to
approval by the Planning Director and/or Planning Commission.
10 11 7. Service of alcoholic beverages shall be in an establishment
that operates a full kitchen and provides a full menu where
the primary purpose of the establishment is service of food. 11
121 1 a. Alcoholic beverages shall be served in permanent glass
containers only.
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1 1 9. All alcoholic beverages shall be consumed on the premises and
sold only with food and a sign stating such shall be
prominently displayed in the restaurant.
10. Hours of operation are to be 5:30 p.m. to 11:30 p.m.
11. Operator of the business must police the sidewalks which are
directly adjacent to the business for litter and shall be
maintained in a clean and orderly manner.
12. Floor plans shall be submitted,
plan, and shall be subject to
Director.
including proposed seating
approval by the Planning
a. Bars for the service of alcohol shall be prohibited.
b. Any changes to the interior design of the establishment
shall require approval from the Planning Director.
13. There shall be no offers of free alcoholic beverages with
meals nor offers of "bargain" drink prices.
14. Maximum permissible occupancy must be clearly posted at all
times and may not be exceeded at any time. If the Police
and/or Fire Departments determine that the maximum
permissible occupancy of the building is being violated, they
may cite the business and initate a C.U.P. revocation.
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If, in the judgement of the Police Department, it is deemed
necessary, two policemen will be assigned as doormen at the
business' expense during business hours.
This permit is subject to periodic reviews. If any problems
arise, additional conditions may be added.
This Conditional Use Permit is issued exclusively for and so
long as the premises remain a restaurant, which is defined as
having sales as follows: not less than 65% 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 beverage.
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 purposes of computing sales tax.
Applicant gives the right to the city to review the records
of the State Board of Equalization for the purposes of
verifying the applicant's books and records, with the
understanding that these reviews are confidential.
This Conditional Use Permit is to be for 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.
Cleanup resulting in delivery of refuse to the trash bins
shall occur prior to 6:00 p.m.
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
party and that 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 under
the Civil Rights Act as promulgated by recent Supreme Court
decision.
The manager shall review and acknowledge by signature that
the this Conditional Use Permit bas been read and understood.
An "Acceptance of Conditions" form shall be executed and
submitted to the Planning Department by the property owners
of both 934 and 936 Hermosa Avenue prior to Building Permit
final.
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r 1 .. 23 • This Resolution supercedes Resolution BZA 154-595
2 11 VOTE: AYES:
NOES:
ABSTAIN:
3 ABSENT:
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Comms.Edwards,Ingell,Ketz,Rue,Cbmn.Peirce
None
None
None
CERTIFICATION
5 1 I I hereby certify that the foregoing Resolution P .C. 89-5 is a
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true and complete record of the action taken by the Planning
6 Commission of the City of Hermosa Beach, California, a t their
71 I regu~ar mee;ing,-of January 3, 1989. /4ft~~
8 11 ---.... -, v ~ ...:....,."/3-=-~=-~~~==4-~~ L~=
Jaiiie'sPeirce, Chairman Mi chael Schubach, Secretary
9 11 -7 'F.1.I f-1
10 11 Date
ll a/pcrs934
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