HomeMy WebLinkAboutPC Resolution 89-07..
c 1 RESOLUTION P.C. 89-7
2 I IA RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT
3 IITO ADD A GLASS ROOF OVER THE OUTDOOR PATIO AREA AT 1100 THE
STRAND, LEGALLY DESCRIBED AS LOTS 1, 2, 3 AND 4, BLOCK 12,
4 \ \HERMOSA BEACH TRACT.
5 WHEREAS, the Planning Commission held a public bearing on
6 \~anuary 17, 1989 to receive oral and written testimony regarding
7 I ltbis matter and made the following Findings:
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The Planning Commission, on September 6, 1988, approved
Resolution P. C. 88-74 approving a Condit ion al Use Permit
amendment to relocate an outside dining area and add 845
square feet of office, waiting and storage area, and a
Parking Plan;
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 provide a glass, solarium type roof rather than
a canvas roof;
Canvas roofing is susceptible to wind damage;
Parking requirements are not affected by the proposed
Conditional Use Permit amendment;
The proposed use is consistent with the zoning and General
Plan;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
25 lb f the City of Hermosa Beach, California, does hereby approve a
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Conditional Use Permit amendment at 1100 The Strand subject to
26 the following Conditions:
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Tandem parking spaces shall be designated for employee
parking only.
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a. The tandem parking spaces shall be posted for employee
parking only.
2. The proposed handicapped parking space shall be relocated so
2 11 it will not be in tandem.
31 1 3. A thirty-six inch (36") fence shall be located along the
southern property line to prevent automobiles from accessing
4 11 tandem parking through the sidewalk.
51 1 4. A bicycle parking area shall be designated on site for a
minimum of 40 bicycles.
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5. The ouside patio area shall be designated for a maximum of
711 one (1) seat per each fifteen (15) square feet floor area or
as approved by the Building and/or Fire Department.
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6. The patio area shall be permitted to add a glass, solarium
91 1 type roof, or similar roofing subject to approval from the
Planning Director.
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7. The proposed parking site plans shall be revised to show the
11 11 location of the handicapped parking space and 36" fence and
shall be subject to approval from the Planning Department.
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a.
b.
The parking lot shall be stripped as indicated on
approved plans.
The parking lot shall be as shown on approved plans and
shall provide a minimum of 23 parking spaces.
8. The exterior premises, including parking areas, shall be
161 1 maintained in a neat and attractive manner.
17 11 9. Any modification to the parking plan and/or Conditional Use
Permit shall be subject to approval by the Planning Director
and/or Planning Commission. 18
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10. Any problems with parking, or ingress
parking lot shall be cause for the
reviewed by the Planning Commission.
and egress into
Parking Plan to
the
be
11. Service of alcoholic beverages shall be in an establishment
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
1 11 in a clean and orderly manner on a daily basis.
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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 conspicuous locations warning
patrons of the illegality of open alcohol containers on any
public sidewalks, such as the strand, or beach.
19. 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.
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.
3 11 24. A manager shall review and acknowledge by signature that the
Conditional Use Permit bas been read and is understood.
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25. An "Acceptance of Conditions" form shall be executed and
51 1 submitted to the Planning Department by the property owner
prior to the issuance of any building permits.
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26. This resolution supercedes City Council Resolution 85-4869
7 11 and Resolution P.C. 88-74.
81 I VOTE: AYES: Comms.Edwards,Ketz,Rue,Chmn.Peirce
None
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NOES:
ABSTAIN: Comm.Ingell
ABSENT: None
CERTIFICATION
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I hereby certify that the foregoing Resolution P. C. 89-~ 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 Jan~ary 17, 1989. ?~ ;J _ ~ ~ ~-~
Jamri Peirce. Chairman icbael Schubach, Secretary
Date
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