HomeMy WebLinkAboutPC Resolution 90-691
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION P.C. 90-69
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING A CONDITIONAL USE PERMIT FOR ON-SALE
BEER AND WINE AND OUTSIDE DINING IN CONJUNCTION WITH AN EXISTING
RESTAURANT, TO ALLOW A SEPARATE RETAIL BUSINESS WITHIN THE SAME
BUILDING, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION
AT 203 HERMOSA AVENUE, LEGALLY DESCRIBED AS LOT 14, BLOCK 3,
HERMOSA BEACH TRACT.
WHEREAS, the Planning Commission held a public hearing on
August 21, 1990, to receive oral and written testimony regarding
a Conditional Use Permit amendment request and made the following
findings:
A. The conversion of a portion of the existing restaurant
establishment to retail use results in a less intensive use
of the property in terms of parking requirements;
B. Retail use is consistent with the requirements of the zoning
ordinance and with the General Plan;
C. Strict compliance with the conditions of approval will
mitigate any negative impact resulting from the issuance of
the Conditional Use Permit and Parking Plan:
NOW, THEREFORE, the City of Hermosa Beach, California does
hereby amend the Conditional Use Permit for 203 Hermosa Avenue,
and adopt a negative declaration, to allow a retail use in a
portion of an existing restaurant, subject to the following
conditions, which incorporates all the conditions of the original
conditional use permits:
1. The location and size of the retail facility shall be as
shown on submitted plans. Any re-use of this area for
restaurant purposes shall be subject to the review and
approval of the Planning Commission.
2. The exterior of the premises, including parking areas, shall
be maintained in a neat and clean manner at all times.
3. A notice shall be posted stating that no alcoholic beverages
shall be served in the front wrought iron fenced area.
-1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4. An entryway shall be provided and maintained clear to
accommodate loading or unloading of supplies.
5. A bike rack shall be installed in such a way that it does not
interfere with the public right-of-way
6. The number of tables in the restaurant shal 1 not exceed
building code requirements with respect to aisles and exiting
7. Chapter 19 1 / 2 of the City Code regarding Noise shal 1 be
complied with. Specifically this conditional use permit is
not a permit to violate the Noise Ordinance.
8. Beer or wine to go shall be prohibited. All beer and wine
shall be served in non throw-away glass containers.
9. The business shall provide adequate management and
supervisory techniques to prevent loitering, unruliness, and
boisterous activities of patrons outside the business or in
the immediate area.
10. The police chief may determine that a continuing
problem exists and may require the presence of a
approved doorman and/or security personnel.
police
police
11. The maximum operating hours shall be from 9:00 A.M. to 11:00
P.M. daily.
12. This conditional use permit for on-sale beer and wine is
valid exclusively for and so long as the premises remain a
restaurant, which is defined as having gross sales of not
less than 65% food sale, and not more than 35% beer and/or
wine sales computed monthly. 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.
Food shall include the sale of beverages other than alcoholic
beverages. Upon request, the applicant shall also submit to
the City copies of all records submitted to Board of
Equalization for purposes of computing sales tax. Applicant
gives the right to the City to review the records for the
purpose of verifying the applicant's books and records with
the understanding these reviews are confidential.
13. Prior to the conditional use permit being in effect, the
applicant shall submit to the planning department, a signed
and notarized "Acceptance of Conditions" form.
14. The Planning Commission may review the Conditional Use Permit
and Parking Plan and may amend the subject conditions or
impose any new conditions if deemed necessary to mitigate
detrimental effects on the neighborhood resulting from the
subject use.
-2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2 1
22
23
24
25
26
27
28
15. This Resolution incorporates and supersedes the conditions of
B.Z.A. Resolution 154-502, and P.C. Resolution 78-25 as
amended by City Council on 6/27/78.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Ketz,Moore,Peirce,Rue
None
None
Chmn.Ingell
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 90-69 is a true
and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, California at their
re~tinkAugust 21, 1990~m~£---
Christine Ketz, Vice Chairman Mi'cfiaeSchubach, Secretary
a/pcrs203
-3 -