HomeMy WebLinkAboutPC Resolution 05-58 - (429 PCH)05 3183022
1 P.C.RESOLUTION 05-58
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
3 PERMIT FOR ON-SALE BEER AND WINE IN CONJUNTION WITH AN
EXISTING RESTAURANT AT 429 PACIFIC COAST HIGHWAY
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Section 1. An application was filed by Sun Yung Kim and Ok Ka Kim, seeking approval for5
on-sale beer and wine in conjunction with a restaurant named"California Sushi and Teriyaki".
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Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
7i application for the Conditional Use Permit on September 20, 2005, at which testimony and evidence,
both written and oral,was presented to and considered by the Planning Commission.
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Section 3. Based on evidence received at the public hearing, the Planning Commission makes
the following factual findings:
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1. The subject restaurant space is approximately 1,700 square feet. The restaurant is located on
Il the southwest corner of the intersection of Pacific Coast Highway and 5t° Street. The applicant is
changing the existing kitchen/service area to prepare sushi and other Japanese cuisine to replace the
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existing area used for sandwich preparation, and to add a urinal in the existing men's restroom. The
13 applicant is not changing the existing seating plan or building facade.
14 2 The site is zoned SPA-7, Specific Plan Area allowing restaurant uses, and on-sale beer and
wine with approval of a Conditional Use Permit. Since the occupancy of the building will continue to
15 be used for restaurant purposes there is no intensification of use, and no requirement for additional
parking.16
i7 Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for a Conditional Use Permit:
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1. The site is zoned SPA-7, and is suitable for the proposed use;
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20 2. The proposed use is compatible with surrounding commercial and residential uses;
21 3. The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties;
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4. This project is Categorically Exempt pursuant to Section 15303c of the California23EnvironmentalQualityAct.
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Section 5. Based on the foregoing, the Planning Commission hereby approves the Conditional
25 Use Permit subject to the following Conditions of Approval;
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1.The project shall be substantially consistent with submitted plans as reviewed by the
27 Planning Commission on January 18,2005. Minor modifications to the plan shall be
28 reviewed and may be approved by the Community Development Director.
29 2.The hours of operation shall be limited to between 7:00 A.M. and 10:00 P.M. Sunday
through Thursday, and between 7:00 A.M. and 11:00 P.M.on Fridays and Saturdays.
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3.The establishment shall not adversely affect the welfare of the residents,and/or1
commercial establishments nearby.
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4.The business shall provide adequate staffing, management and supervisory techniques to
3, prevent loitering,unruliness,and boisterous activities of the patrons outside the business
and in the parking areas.
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5.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,
6 and/or commercial establishments.
7 6.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 the8problem, and then shall submit a report to the Planning Commission,which will
9 automatically initiate a review of this Conditional Use Permit by the Planning Commission.
10 7.The exterior of all the premises shall be maintained in a neat and clean manner,.and
maintained free of graffiti at all times.
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8.The applicant shall submit a detailed seating and occupancy plan prepared by a licensed12designprofessional,which shall be approved by the Community Development Department
13 prior to final occupancy of restaurant, and posting of the occupant load. Any significant
changes to this interior layout which would alter the primary function of the business as a
14 restaurant shall be subject to review and approval by the Planning Commission.
15 9.The project and operation of the business shall comply with all applicable requirements of
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the Municipal Code.
17 10. The Planning Commission shall conduct a review of the restaurant operations for
compliance with the terms of the Conditional Use Permit 6 months after its opening,and in
18 response to any complaints thereafter.
19 Section 6. This grant shall not be effective for any purposes until the permittee and the owners
20 of the property involved have filed a the office of the Planning Division ofthe Community Development
Department their affidavits stating that they are aware of,and agree to accept, all of the conditions of this
21 grant.
22 The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the
Community Development Department.23
24 Each ofthe above conditions is separately enforced, and ifone 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 •26 claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void
27 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
28 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
29 thereafter be responsible to defend, indemnify, or hold harmless the City.
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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
2 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
3 obligation under this condition.
4 The subject property shall be developed,maintained and operated in full compliance with the conditions
5 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
6 compliance shall be a violation of these conditions.
7 The Planning Commission may review this Conditional Use.Permit and may amend the subject
conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the
8 neighborhood resulting from the subject use.
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VOTE: AYES: Allen,Hoffman,Kersenboom, Perrotti,Pizer
NOES: None
11 ABSTAIN: None
ABSENT: None
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CERTIFICATION
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14 I hereby certify the foregoing Resolution P.C. 05-58 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
15 September 20,2005.
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ditlirry
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Ron Pizer, Chairman lume eld, ecretary
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September 20,2005
19 Date
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