HomeMy WebLinkAboutPC Resolution 96-342
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RESOLUTION P.C.96-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT FOR ON-SALE ALCOHOL, BEER AND WINE, AT
517 PIER AVE. LEGALLY DESCRIBED AS LOT 31, HISS ADDITION TO
HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on September 1 7, 1996,
to receive oral and written testimony on this matter and made the following Findings:
A. The location and size of the subject site is adequate for the proposed use.
B. Any impact caused by approval of this Conditional Use Permit will be
mitigated by the imposed conditions of approval;
C. This project is Categorically Exempt pursuant to Section 15303c of the
California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Hermosa Beach, California, does hereby approve the requested amendment to
the Conditional Use Permit subject to the following conditions which supersede the
conditions contained in Resolution P .C . 92-60:
SECTION I Specific Conditions of Approval
1. The proposed use shall be substantially consistent with submitted plans. Modifications to
any of the plans shall be reviewed and may be approved by the Community Development
Director.
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a. A bar or counter for the service of alcohol beverages is prohibited
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3 2. The hours of operation shall be limited to between 7:00 AM and 2:00 AM.
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5 SE CTION II General operating and standard conditions:
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1.
2.
3 .
4 .
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6.
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The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
The business shall to prevent loitering, unruliness, and boisterous activities of the patrons
outside the business or in the immediate area .
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 Commission.
The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times .
Any significant changes to the interior layouts which would alter the primary function of
the restaurant serving alcohol shall be subject to review and approval by the Planning
Commission.
The project and operation of all the business shall comply with all applicable requirements
of the Municipal Code.
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2 SECTION III
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4 This grant shall not be effective for any purposes until the pennittee and the owners of the
5 property involved have filed a the office of the Planning Division of the Community Development
6 Department their affidavits stating that they are aware of, and agree to accept, all of the
1 conditions of this grant.
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9 The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the
10 Community Development Department.
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12 Each of the above conditions is separately enforced, and if one of the conditions of approval is
13 found to be invalid by a court oflaw, all the other conditions shall remain valid and enforceable.
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15 Pennittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees
16 from any claim, action, or proceeding against the City or its agents, officers, or employee to
11 attack, set aside, void or annul this permit approval, which action is brought within the applicable
18 time period of Government Code Section 65907 . The City shall promptly notify the permittee of
19 any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails
20 to promptly notify the permittee of any claim, action or proceeding, or if the City fails to
21 cooperate fully in the defense, the pennittee shall no thereafter be responsible to defend,
22 indemnify, or hold harmless the City.
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24 The permittee shall reimburse the City for any court and attorney's fees which the City may be
25 required to pay as a result of any claim or action brought against the City because of this grant.
26 Although the permittee is the real party in interest in an action, the City may, at its sole discretion,
21 participate at its own expense in the defense of the action, but such participation shall not relieve
28 the pennittee of any obligation under this condition.
29 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
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development or activity on the subject property. Failure of the permittee to cease any
2 development or activity not in full compliance shall be a violation of these conditions.
3 The Planning Commission may review this Conditional Use Permit and may amend the subject
4 conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on
5 the neighborhood resulting from the subject use.
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1 This Resolution supersedes Resolution P.C. 92-60.
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VOTE: AYES:
NOES:
ABSENT:
ABSTAIN :
Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker
none
none
none
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 96-34 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
meeti,/;ofSep~er 17, 1996.
r2A ✓u
I
Peter Tucker, Chairman
1~;1-CJJ
Date
cur9611
.4.