HomeMy WebLinkAboutPC Resolution 89-471
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RESOLUTION P.C. 89-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING A CONDITIONAL USE PERMIT TO CHANGE
THE ALLOWABLE HOURS OF OPERATION TO INCLUDE THE MORNING HOURS OF
7:00 A.M. TO 11:00 A.M. AND TO EXTEND OUTDOOR PATIO HOURS FOR AN
EXISTING RESTAURANT LOCATED AT 837 HERMOSA AVENUE AND LEGALLY
DESCRIBED AS LOT 17, BLOCK 9, HERMOSA BEACH TRACT.
WHEREAS, the Planning Commission held a public hearing on
June 20, 1989 to receive oral and written testimony regarding an
application for an amendment of a Conditional Use Permit to allow
the hours of operation for a restaurant be extended to include
the morning hours from 7:00 A.M. to 11:00 A.M., and to extend the
evening patio hours to 9:00 P.M. at 837 Hermosa Avenue legally
described as lot 17, Block 9, Hermosa Beach Tract and made the
following Findings:
A. The existing restaurant business is satisfactorily in
compliance with its conditional use permit
B. The proposed increase in the hours of operation to include
morning hours will not significantly change the operation and
will not make the business any less compatible with the
surrounding neighborhood;
C. The proposed extension of evening hours on the patio will not
make the business any less compatible with the surrounding
neighborhood;
D. Strict compliance with the existing conditions of the
conditional use permit will mitigate any negative impact
resulting from the amendment;
E. The additional morning hours that the restaurant will be open
are during a part of the day which is normally not a peak
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period for parking problems and therefore increased parking
demand should easily be absorbed by existing available
parking.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Hermosa Beach, California does hereby amend the
Conditional Use Permit to extend the allowable hours of operation
of an existing restaurant to include the morning hours from 7:00
A.M. to 11:00 A.M. daily and to extend evening patio hours at 837
Hermosa Avenue subject to following conditions which hereby
incorporates and supersedes the conditions o f B.Z.A. Resolution
154-481 and P.C. Resolution 154-1129:
1. The service of alcoholic beverages shal 1 be in an
establishment that operates a full kitchen and provides full
menus. The primary purpose of the establishment shall be the
service of food. A restaurant is defined as having gross
sales of a minimum of 65% food and a maximum of 35% beer
and/or wine sales computed monthly. Upon request the City
may request to review all records submitted to the State
Board of Equalization and verify the applicant's books and
records. It is understood that the review of these records
is confidential.
2. The hours of operation shall be limited to 7:00 A.M. to 2:00
A.M. daily.
3. The outside patio area shall not be used after 9:00 P.M.
4. The number of tables shall not exceed building code
requirements with respect to aisles and exiting.
5. The business shall install and maintain a 3 foot high solid
wood fence and/or railing to separate the patio area from the
public area subject to approva l by the Planning Director and
the Director of Public Works.
6. The existing solid wall and the existing four trees shall be
perpetually maintained alongside the residential property.
7. Any lattice work constructed or maintained above the solid
wood fence shall be approximately 50% open and a minimum of fr
feet high around the remainder of the outside area to allo
high visibility for the Police Department, and the apertures
in the l attice work shall not be large enough to pass
containers through.
8. The owner has been informed that the use of
right-of-way is no t a street vacation by the City;
even if a court of competent jurisdiction were to
this action is a vacation , the Owner would waive
to rights of reversion and the Owner now waives any
reversion on account of this conditional use permit
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the Cit
and tha
rule tha
any clai
rights t
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9. The permi ttee first, and the Owner second bold the Cit
harmless from liability on account of any activity enabled b
this conditional use permit.
10. The permi ttee promises to defend the City from any suits
claiming liability on the account of any activity enabled b
the conditional use permit and the Permittee indemnifies th
City as one of the insured in an amount suitable to the Cit
Attorney.
11. The permit to use of the outside dining area is revoke
automatically if and when the indemnification lapses and i
and when the use of the City premises for dining lapses for
period greater than 90 days.
12. All signage in windows shall also be subject to and compl
with the Hermosa Beach Sign Ordinance.
13. Maximum permissible occupancy must be clearly posted at al
times and may not be exceeded at any time.
14. No recorded music or amplified music is allowed on the patio.
15. Chapter 19 1/2 of the Municipal Code, Noise Regulation shal
be complied with. Specifically this conditional use permi
is not a permit to violate Section 19 1/2-3, Noise Limits.
16. There shall be no live entertainment, and the sound level o
recorded music is to be kept at a level that is not audibl
outside of the premises.
17. The owner(s) shall be responsible for the management of thei
establishment and of the behavior of their customers in term
of excessive noise or actions abusive to persons or property.
18. No beer and wine may be served to go.
19. The premises are to be cleared of all customers by closin
time.
20. The establishment shall not adversely affect the welfare o
residents, and/or commercial establishments nearby.
21. An employee who is
conditional use permit
business hours.
aware of
shall be
the
on
conditions of thi
the premises durin
a. All employees shall be given a copy of the conditional us
permit and shall acknowledge by signature that th
conditional use permit has been read and understood.
22. The Director of Public Safety may determine that a continuin
pol ice problem exists and may require the presence of
police approved doorman and/or security personnel.
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23. Any violation of the conditions and/or violation
Hermosa Beach Municipal Code shall be grounds
immediate revocation hearing and/or citation.
of th
for a
24. The exterior of the premises shal 1 be maintained in a nea
and clean manner at all times.
25. Any changes to the interior design shall be subject to revie\
and approval by the Planning Director.
26. The Planning Commission may review this conditional us
permit and may amend the subject conditions or impose any ne
conditions if deemed necessary to mitigate detrimenta
effects on the neighborhood resulting from the subject use.
27. The conditions contained in this conditional use permi
resolution hereby supersede and incorporate all current!
applicable conditions contained in Resolution B.Z.A. 154-48
and P.C. Resolution 154-1129.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Edwards,Ingell,Ketz,Peirce
Chmn.Rue
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 89-47 is a tru
and complete record of the action taken by the Plannin
Commission of the City of Hermosa Beach, California at thei
regular meeting June 20, 1989.
-
:-i-4"-G-e, Chairman , Secretar -
7 s~ . I~~
Date I
A/pcrs837
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