HomeMy WebLinkAboutPC Resolution 05-12 - (117 Pier Ave)2
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P.C. RESOLUTION 05-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL lJSE PERMIT, AS AMENDED, FOR ON-SALE
GENERAL ALCOHOL IN CONJUNCTION WITH A RESTAURANT
AT 117 PIE~j VENUE LEGALLY DESCRIBED AS LOTS 1 AND 2,
BLOCK 34, 1 ADDITION TO HERMOSA BEACH
Section 1. An application was filed by Hibachi, seeking approval for on-sale general
alcohol in conjunction with a restaurant.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the application for the Conditional Use Permit on February 15, 2005, at which testimony and
evidence, both written and oral, was presented to and considered by the Planning Commission.
10 Section 3. Based on evidence received at the public hearing, the Planning Commission
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makes the following factual findings:
1. The combination of a restaurant use with a retail ~se as a portion of the premise§ was
previously approved through a Parking Plan by the Planning Commission (P.C. Resolution 97-27),
which included the City payment of in-lieu fees to allow for the restaurant use of the front portion
of the building.
2. A Conditional Use Permit for on-sale beer and wine in conjunction with a restaurant
was previously approved by the Planning Commission (P.C. Resolution 98-54).
3. The site is zoned C-2, Restricted Commercial allowing restaurant uses, and on-sale
general alcohol with approval of a Conditional Use Permit.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
19 following findings pertaining to the application to amend the Conditional Use Permit:
20 1. The site is zoned C-2, and is suitable for the proposed use with the proposed
21 amendment;
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2. The proposed use is compatible with surrounding commercial and residential uses;
3. The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties;
4. This project is Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
Conditional Use Permit subject to the following Conditions of Approval, which supersede the
conditions contained in P.C. Resolution 98-54:
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Interior and 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 February 15, 2005.
a) The size of the bar area shall be limited as shown on the submitted floor plan.
The hours of operation shall be limited to between 7:00 A.M. and 11:00 P.M.
Dining is limited to the areas shown on the submitted plans.
The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
The business shall provide adequate staffing, management and supervisory techniques
to prevent loitering, unruliness, and boisterous activities of the patrons outside the
business.
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.
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.
The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
The applicant shall submit a detailed seating and occupancy plan prepared by a
licensed design professional, which shall be approved by the Community Development
Department prior to implementing the change in use. An approved occupant load sign
must be posted in the business.
Any significant changes to the interior layout which would alter the primary function o
the business as a restaurant, or increase the designated floor area of restaurant seating
shall be subject to review and approval by the Planning Commission.
The project and operation of the business shall comply with all applicable requirements
of the Municipal Code.
The Planning Commission shall conduct a review of the restaurant operations for
compliance with the terms of the CondWonal Use Permit in 6 months, and in response
to any complaints thereafter.
Section 6. This grant shall not be effective for any purposes w1til the pem1ittee and the
29 owners of th e property involved have fi led a the offi ce of tbe Planning Division of the Community
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Development Department their affidavits stating that they are aware of, and agree to accept, all of th
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 oflaw, all the other conditions shall remain valid and enforceable.
Permittee shall defend, indemnify and bold harmless the City, it agents, officers, and employees fro
any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set
aside, void or annul this pernrit approval, which action is brought within the applicable time period
of the State Government Code. The City shall promptly notify the pennittee 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, actipn Qr proceeding, or if the City_ fails to c9operate fully in the defense, the
permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the: City.
The pennittee 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 ~gainst 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 may amend the subject
conditions or impose any new conditions if deemed necessary ~o mitigate detrimental effects on the
neighborhood resulting from the subject use.
VOTE: AYES:
NOES:
ABSENT:
ABSTAIN:
Allen, Koenig, Perrotti, Pizer
Hoffman
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 05-12 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
February 15, 2005.
Sam Perrotti, Chairman
February 15. 2005
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