HomeMy WebLinkAboutPC Resolution 96-03• l
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P.C. RESOLUTION NO. 96-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A PARKING PLAN FOR A 360 SQUARE FOOT
MEZZANINE ADDITION, AND A CONDITIONAL USE PERMIT, AS AMENDED, TO
ALLOW ON-SALE GENERAL ALCOHOL, IN CONJUNCTION WITH AN EXISTING
RESTAURANT, AND ADOPTION OF A NEGATIVE DECLARATION, AT 1200
HERMOSA A VENUE, AND LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 34,
FIRST ADDITION TO HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on January 16, 1996, to
receive oral and written testimony regarding this matter and made the following findings :
A
B.
C.
The applicant is proposing a 360 square foot mezzanine addition to an existing restaurant
location, which results in the requirement for two parking spaces since the development
already exceeds a 1: 1 floor area to lot area ratio pursuant to Section 1152. 5 of the Zoning
Ordinance. The two parking spaces cannot feasibly be provided on-site;
Less than required parking ( and, therefore, in this case no additional required parking) is
justified for this business with the expansion, pursuant to Section 1169, Parking Plans for
the following reasons:
1. The total occupancy load of the establishment with the added mezzanine will not
exceed the current occupancy, as calculated pursuant to the U.B.C ., thus resulting in
no net increase in the potential peak period parking demand;
2. The location of the business is within the downtown area and within a short distance
of a substantial supply of public parking which can easily absorb any marginal
increases in off-peak parking demand that may occur due to the modified floor plan
and seating arrangement;
3. The business is located near a regionally serving bike path, and high density residential
areas, meaning a substantial portion of its customers will continue to arrive on foot
and/or bicycle.
The applicant currently is allowed to serve alcohol in conjunction with the restaurant, and
is requesting an amendment to modify the interior floor plans including en:larging the main
bar area and adding a sushi bar;
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D.
E.
F.
G.
The site is zoned C-2, Restricted Commercial, and is suitable for the proposed use with
the proposed amendment;
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;
The Planning Commission concurs with the Staff Environmental Review Committee's
recommendation, based on their environmental assessment/initial study, that this
project will result in a less than significant impact on the environment, and therefore
qualifies for a Negative Declaration.
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, SUBJECT TO THE
FOLLOWING CONDITIONS WHICH SUPERSEDE THE CONDITIONS OF THE
PREVIOUS RESOLUTION P.C. 95-31:
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SECTION I Specific Conditions of Approval
1.
2.
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.
The Parking Plan for the reduced parking requirement is only valid as long as the
restaurant with the added mezzanine level does not exceed the maximum occupancy of the
pre-existing restaurant prior to the mezzanine addition, as calculated to the satisfaction of
the Community Development Director.
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2 . The hours of operation shall be limited to between 7 :00 AM. and 2 :00 AM. daily.
22 SECTION II General operating and standard conditions:
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The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
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
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4 .
5.
6 .
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 III
This grant shall not be effective for any purposes until the permittee and the owners of the
property involved have filed at the office of the Planning Division of the Community Development
Department their affidavits stating that they are aware of, and agree to accept, all of the
conditions of this grant.
The Parking Plan and 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 oflaw, 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 permittee of any claim, action or 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 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
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development or act1v1ty 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,Merl,Perrotti, Chmn. Tucker
None
None
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 96-3 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
re a meet~a ary 16, 1996 .
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