HomeMy WebLinkAboutPC Resolution 97-471
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P.C. RESOLUTION 97-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PARKING
PLAN, AS AMENDED, FOR A RESTAURANT Willi ON-SALE BEER AND WINE,
OUTSIDE DINING, AND LIVE ENTERTAINMENT AT 1320 HERMOSA A VENUE, AND
LEGALLY DESCRIBED AS LOT 8 & 9, BLOCK 34, FIRST ADDITION TO HERMOSA
BEACH TRACT
6 WHEREAS, the Planning Commission held a public hearing on June 17, 1997, to receive
7 oral and written testimony regarding this matter and made the following findings:
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The applicant requests to eliminate the condition from the original C.U.P . and Parking Plan
approval requiring ten (10) leased parking spaces within 300 feet of the business;
The applicant inherited a pre-existing parking condition from the original C. UP. and
Parking Plan, which was established to address the parking deficiency for the change of use
of existing retail space to a restaurant (Eco Cafe). However, when the C.U.P. and Parking
Plan were implemented, the amount of restaurant space was reduced from 4850 square feet
to 3200 square feet, in effect limiting the effective square footage of the approved C.U.P .
and Parking Plan to 3200 square feet, since the remainder of the space (1650 square feet)
was maintained for retail purposes, eliminating the need for the 10 leased parking spaces;
The Coastal Commission approved a Waiver of Coastal Development Permit for Eco Cafe,
allowing the change of use with two (2) on-site parking spaces;
The applicant should be allowed to recoup equity in the property (i.e. furniture and
equipment costs) while maintaining the minimum parking requirements;
Strict compliance with the conditions of approval will mitigate any negative impact resulting
from the issuance of the amended Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Hermosa Beach, California does hereby approve a Conditional Use Permit and
Parking Plan, as amended, subject to the following conditions, which supersede the
conditions of Planning Commission Resolution 93-14:
SECTION I Specific Conditions of Approval
The project shall be substantially consistent with plans accepted by the Planning
Commission on July 20, 1993, revised to reflect a reduced floor area of 3200 square feet.
Modifications to the plan shall be reviewed and may be approved by the Community
Development Director.
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The primary emphasis of the business shall be maintained as a restaurant. Live
entertainment shall be secondary, and shall not be a separate or main attraction or show, or
promoted as such .
The project and the continued operation of the business shall comply with all applicable
requirements of the Municipal Code.
A bicycle rack shall be provided on site as shown on plans. Bicycles shall not be permitted to
encroach into the public right-of-way
6 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 hours for live entertainment shall be limited to the hours between 4: 00 P .M. to 1 : 15
AM. Monday through Friday, and from 9:00 AM. to 1: 15 AM. on Saturday, Sundays,
and Federal and State Holidays, Cinco De Mayo, and St. Patrick's day.
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. Noise emanating from the property shall be monitored
to verify compliance with the noise ordinance in response to any complaints.
a) Management shall be responsible for the music/entertainment volume levels .
b) During the performance of amplified live entertainment, the exterior doors and windows
shall remain closed.
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 th.e 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 significant changes to the interior layout which would alter the primary function of the
restaurant shall be subject to review and approval by the Planning Commission .
The project and operation of the business shall comply with all applicable requirements of
the Municipal Code.
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SECTION ill
This grant shall not be effective for any purposes until the permittee and the owners of the property
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that they are aware of, and agree to accept, all of the conditions of this grant.
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The Conditional Use Permit and 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 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 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 permit tee 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 .
15 VOTE: AYES: Comms . Merl,Perrotti,Pizer, Schwartz, Chmn. Tucker
None
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ABSENT: None
ABSTAIN : None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 97-47 is a true and complete record of the action
tak~n the Planning Commission of the City of Hermosa Beach, California, at their regular
me ting f June 17, 1 97 .
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Date
pc/july/curl320
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