HomeMy WebLinkAboutPC Resolution 96-191
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
29
P.C. RESOLUTION NO. 96-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN AND
CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW OUTSIDE DINING,
AND EXTENDED HOURS, IN CONJUNCTION WITH AN EXISTING
RESTAURANT WITH ON-SALE BEER AND WINE AND THE ADOPTION OF
A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION AT 26 22ND
STREET, AND LEGALLY DESCRIBED AS LOT 11, BLOCK 22, HERMOSA
BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on April 16, 1996, to
receive oral and written testimony regarding this matter and made the following findings:
A The applicant is requesting a conditional use permit amendment to allow outside
dining to 10:00 PM
B. The site is zoned C-1, Neighborhood Commercial, and is suitable for the existing use
with a limited change in the outside dining hours;
C. The proposed use is compatible with surrounding commercial and residential uses;
D. The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties; ·
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION OF THE CITY OF HERMOSA BEACH DOES HEREBY
APPROVE A PARKING PLAN AND CONDITIONAL USE PERMIT, AS
AMENDED TO ALLOW LIMITED OUTSIDE DINING EXTENDED HOURS,
SUBJECT TO THE FOLLOWING CONDITIONS WHICH SUPERSEDE THE
CONDITIONS OF RESOLUTION P.C. 94-15
SECTION I Specific Conditions of Approval
1.
2.
The project shall be substantially consistent with submitted plans . Modifications to
the plan shall be reviewed and may be approved by the Community Development
Director.
The hours of operation shall be limited to between 7:00 AM. and 12:00 Midnight,
Friday and Saturday, and between 7 :00 AM. and 11:00 P.M. Sunday through
Thursday
1
3.
4.
5.
Outside dining and occupancy of the patio shall not be permitted past 9:00 P.M.,
Sunday through Thursday, and 9:30 P.M., Friday and Saturday .
The take-out window shall only be permitted facing 22nd Street wit h access to the
patio from 22nd Street only, not from the alley . Service from the take-out window
shall cease at 5:00 P.M.
Bicycle racks shall be provided to the satisfaction of the Community Development
Director.
1
2
3
4
5
6
7
8
9
SECTION II General operating and standard conditions:
10
11
12
13
14
15
16
17
18
19
1.
2 .
3.
4.
5.
20 6.
21
22
23
24
7.
25 8.
26
27
28
29
9.
The establishment shall not adversely effect 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 .
oise 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 .
a. Windows and doors shall remain closed during operating hours past 10:00
P .M. if complaints regarding noise are received.
Signs shall be posted in a conspicuous location warning patrons of the illegality of
open alcoholic containers in any public areas such as the public sidewalk and
beach.
A manager or employee who is aware of the conditions of this conditional use
permit shall be on the premises during business hours.
a. The conditional use permit conditions shall be placed on the property in a
location where employees can easily read the conditions.
All alcoholic beverages shall be served in non-throw-away glass containers,
including beer and wine.
T he 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 the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
Any significant changes to the layout which would alter the primary function of the
business shall be subject to review and approval by the Planning Commission .
2
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
29
10.
11.
12.
This conditional use permit is issued exclusively for and as long as the premises
remains a restaurant~ a minimum of sixty five ( 65) percent of the total gross sales,
computed monthly, shall result from the sale of prepared food .
The city shaU 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 . Upon request at the time the City inspects
the books and records of the applicant, the applicant shall also submit to the City
copies of all records submitted to the State Board of Equalization for purposes of
computing sales tax. Applicant gives the right to the City to review the records of
the State Board of Equalization for the purpose of verifying the applicants books
and records, with the understanding that these reviews are confidential.
Any violation of the conditions of approval and/or violation of the Hermosa Beach
Municipal Code may be grounds for a public hearing for revocation of the
conditional use permit.
The project and operation of the business shall comply with all applicable
requirements of the Municipal Code, including Sections 29-31 through 29-41
regarding encroachment into the public right-of-way.
SECTIONIII
This grant shaU not be effective for any purposes until the perrnittee and the owners of the
property involved have filed at the office of Planning their. affidavits stating that they are
aware of, and agree to accept, all of the 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 of law, all the other conditions shall remain valid
an enforceable.
Permittee shall defend, indemnify and hold harmless the City, it agents, officers , and
employees from any claim, action, or proceeding against the City or its agents, officers, or
employee to attack, set aside, void or annul this permit approval, which action is
67brought within the applicable time period of Government Code Section 65907 . The
City shall fully in the defense. If the City fails to promptly notify the permittee of any
claim, action or promptly notify the permittee of any claim, action, or proceeding and the
City shall cooperate proceeding, or if the City fails to cooperate fully in the defense, the
permittee shall not thereafter be responsible to defend, indemnify , or hold harmless the
City.
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 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 pennittee of any obligation under this condition.
3
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
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
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.
SECTION IV
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 neighborhood resulting from the subject use .
VOTE: A YES: Comm. Dettelbach, DiMonda, Perrotti, Chmn. Tucker
NOES : none
ABSTAIN: none
ABSENT: Comm. Merl
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 96-19 is a true and complete record of
the action taken by the Planning Commission of the City of Hermosa Beach, California at
thej~ar ~g o pril 16, 1996
/I-: f'
'J 'L,
Date
4