HomeMy WebLinkAboutPC Resolution 97-25( 1
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P.C. RESOLUTION NO. 97-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
ON-SALE BEER AND WINE, AND A PARKING PLAN FOR EXPANSION OF AN
EXISTING RESTAURANT WITH LESS THAN REQUIRED PARKING AT 1132
HERMOSA A VENUE, AND LEGALLY DESCRIBED AS LOT 10, BLOCK 35, FIRST
ADDITION TO HERMOSA BEACH TRACT
REAS, the Planning Commission held a public hearing on March 18, 1997, to receive oral
and written testimony regarding this matter and made the following findings:
A The applicant proposes to expand the subject restaurant into the existing adjoining retail
space, formerly a nail salon;
B. The project is consistent with the General Plan;
C. The site is zoned C-2 and is suitable for the type and intensity of the proposed use;
D . The proposed use, as conditioned below, is compatible with surrounding commercial uses;
E. The small amount of seating area in the restaurant ( 18 persons), combined with the
standard imposition of conditions for on-sale establishments pursuant to Section
17.40.080 of the Zoning Ordinance, will be adequate mitigation to any potential negative
impacts relating to the on-sale beer and wine;
F. Though the proposed expansion will intensify the use and increase the parking requirement
by three spaces, the parking requirement may be reduced pursuant to Section 17.44.210 of
the Zoning Ordinace based on the following factors that reduce parking demand:
1. a significant number of customers will walk or bike to the restaurant; and
11. the small size and limited number of tables relative to the total square footage; and
111. the peak hours of the proposed use will slightly differ from the adjacent coffee
house/sandwich shop.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A CONDITIONAL USE
PERMIT AND PARKING PLAN, SUBJECT TO THE FOLLOWING CONDITIONS:
SECTION I Specific Conditions of Approval
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1.
2.
The project shall be substantially consistent with submitted plans as reviewed by the
Planning Commission on March 18, 1997. Modifications to the plan shall be reviewed and
may be approved by the Community Development Director.
The installation of a sump pump, mop sink, and fencing shall be completed in accordance
to Municipal and Building Code requirements .
SECTION II General operating and standard conditions
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The project and the operation shall comply with all applicable requirements of the
Municipal code.
The establishment shall not adversely affect the welfare of residents, and/or commercial
establishments nearby.
The exterior of the business shall be maintained in a neat and clean manner at all times,
and maintained free of graffiti at all times.
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
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.
Any significant changes to the interior layouts which would alter the primary function of
the restaurant shall be subject to review and approval by the Planning Commission.
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 Conditional Use Permit, Parking Plan 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 and 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
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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 no 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 :
1-15-92
Date
cur97-01
Comms. Perrotti, Pizer, Schwartz, Chmn. Tucker
None
Comm. Merl
None
CERTIFICATION
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