HomeMy WebLinkAboutPC Resolution 96-20~
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P.C. RESOLUTION NO. 96-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDffiONAL USE PERMIT, TO ALLOW
ON-SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT, AT 1040
HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOTS 4 AND 5, BLOCK 35,
FffiST ADDITION TO HERMOSA BEACH TRACT
6 WHEREAS, the Planning Commission held a public hearing on April 16, 1996, to receive
7 oral and written testimony regarding this matter and made the following findings :
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A.
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C .
The applicant is proposing to convert and existing retail building to restaurant use, and to
serve beer and wine in conjunction with the restaurant;
No additional parking is required for this business as it is located within the Downtown
Enhancement District (DED), and pursuant to Section 1152 .5 of the Zoning Ordinance
and pursuant to the Certified Coastal Land Use Plan, as recently amended, development in
the DED on building sites 10,000 square feet or less with 1: 1 F .A.R. or less is excepted
from parking requirements as supported by the following findings :
1. Fewer than 96,250 square feet of commercial development, including new
buildings, expansions, and/or intensification of uses in the DED has received a
Coastal Development Permit since November 1, 1994 .
2. There is currently adequate parking to support the development and to provide
adequate beach parking.
3 . A parking study recently completed for the downtown show the occupancy of the
parking spaces in the downtown is 90% or less during daylight hours on summer
weekends, and no more than 24,063 square feet of commercial development has
received Coastal Development Permits since the study.
The site is zoned C-2, Restricted Commercial, and is suitable for the proposed use with
the proposed amendment;
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D .
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The proposed use is compatible with surrounding commercial uses;
The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties;
F . The project is categorically exempt from the requirement for an environmental
assessment, pursuant to the California Environmental Quality Act Guidelines, Section
15301-15303.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A CONDITIONAL USE
PERMIT SUBJECT TO THE FOLLOWING CONDITIONS:
SECTION I Specific Conditions of Approval
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The development and continued use of the property shall be in conformance with
submitted plans. Any minor modification shall be reviewed and may be approved by the
Community Development Director.
A A trash facility that minimizes potential odor shall be provided to the satisfaction
of the Community Development Director.
The hours of operation shall be limited to between 7:00 AM. and 2:00 AM. daily.
The business shall participate in the City's downtown parking validation program,
providing validations for parking in public lots for no less than two hours.
The project shall comply with the requirements of the Public Works Department.
Final building plans/construction drawings including site, elevation, floor plan, sections ,
details, landscaping and irrigation, submitted for building permit issuance shall be reviewed
for consistency with the plans approved by the Planning Commission and the conditions of
this resolution, and approved by the Planning Division prior to the issuance o f any
Building Permit.
A Plans shall be certified by a licensed architect .or engineer
Bicycle racks shall be provided on-site in a location and number to the satisfaction of the
Community Development Director. If satisfactory public bicycle parking facilities are
provided in the future nearby the subject location, this condition may be waived by the
Community Development Director.
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SECTION II General operating and standard conditions:
2 1. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby .
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2.
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The business shall prevent loitering, unruliness, and boisterous activities of the patrons
outside the business, or in the immediate area.
The Police Chief may determine that a continuing police problem exists and may, subject
to the review of the Planning Commission, direct the presence of a police approved
doorman and/or security personnel to eliminate the problem . If the problem persists the
Chief 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 changes to the interior layout which alter the primary function of the business shall be
subject to review and approval by the Planning Commission.
The project and the continued operation of the business shall comply with all applicable
requirements of the Municipal Code.
SECTION ID
This grant shall not be effective for any purposes until the perrnittee and the owners of the
property involved have filed at the office of the Planning Division oftbe Community Development
Department 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 brought within the applicable
time period of Government Code Section 65907 . The City shall promptly notify the permittee of
any claim, action, or proceeding and the City shall cooperate fully in the defense . If the City fails
to promptly notify the pennittee of any claim, action or proceeding, or if the City fails to
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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 permittee of any obligation under this condition.
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.
VOTE : AYES:
NOES:
ABSTAIN :
ABSENT:
Comms.Dettelbach,DiMonda,Perrotti, Chmn. Tucker
None
None
Comm. Merl
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 96-20 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
eet~p • 16, 1996 .
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