HomeMy WebLinkAboutPC Resolution 12-20 - (423-25 Pier, Buona Vita)
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P.C. RESOLUTION 12-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW A
RESTAURANT WITH ON-SALE BEER AND WINE AT 425 PIER AVENUE TO
EXPAND INTO A 849 SQUARE FOOT SPACE AND INCREASE SEATING AT 423 PIER
AVENUE RESULTING IN A 2,024 SQUARE FOOT RESTAURANT WITH OPEN AIR DINING
AND MODIFIED FLOOR PLAN, CLOSING BY 10:00 P.M. SUNDAY THROUGH THURSDAY
AND 11:00 P.M. FRIDAY AND SATURDAY; AND PARKING PLAN TO ALLOW THE
EXPANDED BUSINESS TO USE EIGHT (8) OFFSITE SHARED PARKING SPACES AT
555/565 PIER AVENUE (HERMOSA PROFESSIONAL BUILDING); SUPERSEDING BOARD
OF ZONING ADJUSTMENT RESOLUTION 154-382 AND AMENDING PLANNING
COMMISSION RESOLUTION 93-60, LEGALLY DESCRIBED AS LOTS 24 AND 25, HISS
ADDITION (425/423 PIER AVENUE) AND LOTS 1 THROUGH 6 AND VACATED ALLEY
ADJACENT TO THE NORTH AND LOTS 1-7, BLOCK 72, SECOND ADDITION TO
HERMOSA BEACH (555/565 PIER AVENUE), CITY OF HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Dino and Lea Capaldi requesting approval of Conditional
Use Permit Amendment 12-5 and to expand an existing restaurant with on-sale beer and wine by
approximately 849 square feet and create ‘open air dining’, and seeking approval of Parking Plan 12-8 to
allow the expanded restaurant to use eight (8) offsite shared parking spaces at 555/565 Pier Avenue
(Hermosa Professional Building).
Section 2. The Planning Commission conducted a duly noticed public hearing to consider said
application on August 21, 2011 at which testimony and evidence, both written and oral, was presented to
and considered by the Planning Commission.
Section 3. Based on evidence received at the public hearing, the Planning Commission makes
the following factual findings:
1. The existing approximately 1,209 square foot restaurant with on-sale beer and wine at 425 Pier
Avenue (Buona Vita Pizzeria) is proposed to be expanded into the adjacent approximately 849
square foot tenant space (423 Pier Avenue) which was previously retail space, for a net total of
2,024 square feet.
2. The site is zoned Specific Plan Area No.-11 which aims to provide pedestrian-oriented
environment.
3. The existing business at 425 Pier Avenue operates under Conditional Use Permit 154-382
approved by the Board of Zoning Adjustment on October 20, 1980. Approved hours of operation
are 11:00 a.m. to 11:00 p.m. daily and are proposed to be modified to 5:00 p.m. to 10:00 p.m.
Sunday through Thursday, and 5:00 p.m. to 11:00 p.m. Friday and Saturday.
4. Changes to the floor plan of the existing restaurant space include a redesigned recessed entryway,
a redesigned bar (5 seats total), removal of the rear exit door, and removal of the bathrooms for
installation of a walk-in refrigerator and freezer. The applicant proposes to modify the existing
adjacent retail space by adding approximately 25 square feet to the rear of the building, adding
new bathrooms and a new exit door, and removing non-loadbearing walls. The applicant also
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proposes to modify the entire façade including adding large retractable front windows without
screens creating open air dining. No televisions are proposed. Total seating is proposed to
increase from about 45 seats to 95 seats, including the bar with 5 seats. Occupant load has not
been precisely calculated, but the Building Division concurs that 98 as calculated by the
applicant’s architect is a reasonable approximation.
5. The applicant is proposing a net expansion of 849 square feet. Pursuant to Section 17.44.030, a
restaurant requires one space for every 100 square feet of gross floor area; therefore the
expansion requires 8 additional spaces. The applicant proposes eight offsite shared parking
spaces will be designated for use by the restaurant corresponding to its operating hours at 555/565
Pier Avenue (Hermosa Professional Building), in the rear parking lot off Bard Street.
6. Hermosa Professional Building site is governed by a Parking Plan (PC Resolution 93-60) which
allows less than required parking shared by uses in the building. In 1993, the 17,500 square foot
building provided 9,900 square feet of retail/office, 6,400 square feet of post office use, and 1,200
square feet of medical use, which had a parking demand of 71 spaces based on parking standards,
and 41 onsite spaces were required to be maintained by the Parking Plan based on maintaining the
following mix of uses with equivalent or less parking demand: 14,600 square feet of office, retail
and service uses and 2,900 square feet of medical. Parking was subsequently administratively
reduced to 40 spaces due to designation of a pedestrian walkway.
7. The applicant’s summary of current tenant uses and hours demonstrates parking demand by uses
at Hermosa Professional Building after 5:00 or 6:00 p.m. will be significantly reduced and
therefore eight spaces will be available for use by Buona Vita.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings for a Conditional Use Permit amendment pursuant to H.B.M.C. Section 17.40.020, and
incorporating the conditions set forth in Section 17.40.080, finding that t he use as conditioned will be
compatible with the surroundings and all impacts can be reduced to an insignificant level:
A. Distance from existing residential uses: The project site is located on Upper Pier Avenue in the
Specific Plan Area No. 11 zone. Residential uses are located to the rear of the site as well as across
Pier Avenue. The residences to the rear are separated from the restaurant by an alley (Oak Street) and
a significant downward grade. While the applicant has operated the existing rest aurants at 425 and
439 Pier Avenue in compliance with their CUPs and complaints have not been received, the higher
proposed occupant load at the project site may result in increased noise levels, especially since the
restaurant proposes large retractable windows. Therefore controls on hours, continued operation as a
bona fide restaurant with 65/35 food to alcohol sales ratio, and the restrictions in this permit will
ensure impacts are minimal.
1. The applicant does not propose to provide televisions or similar devices and proposes to limit
the bar to only 5 seats, which will reduce the potential for a ‘sports bar’ environment and boisterous
activity typically associated with such establishments. The project is conditioned on a maximum of
two televisions, monitors or similar devices located a minimum of ten (10) feet from the facade
consistent with restrictions in Section 17.26.060 which allows restaurants with beer and wine that
close by 10:00 p.m. to operate by right.
2. Although the restaurant will close at relatively early, at 10:00 p.m. on weekdays and 11:00 p.m.
Friday and Saturday, and is on a major commercial street, the project is conditioned so that windows
and doors of the restaurant must be maintained in a closed position after 10 p.m. and any time that
amplified sound may be provided.
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B. Adequacy of off-street parking facilities and streets, and distance of parking from the proposed
use: The existing restaurant is nonconforming to parking. The proposed 849 square foot expansion
will be supplied eight parking spaces via a shared parking arrangement at 555 Pier Avenue. Parking
will be adequate as indicated under Parking Plan.
C. Location of and distance to churches, schools, hospitals and public playgrounds: Expansion of
the subject business is not likely to affect Valley View School, the Community Center, or other parks
or similar uses in the vicinity due to distance and offset hours.
D. The combination of uses proposed, concentration and number of similar establishments or uses
within close proximity to the proposed establishment: The applicant has proposed to ‘give up’ one
operating hour and reduce closing time from 11:00 p.m. to 10:00 p.m. on Sunday through Thursday,
as well opening at 5:00 p.m. rather than 11:00 a.m. as currently approved.
1. The proposed project is located in the Specific Plan Area-11 which aims to create pedestrian
oriented commercial development that attract and serve residents and visitors. The proposed project
including open air dining is consistent with the pedestrian-oriented ‘seaside village’ design guidelines
of the SPA-11 zone.
2. The ‘No intensification of Late-Night On-Sale Alcoholic Beverage Establishments’ policy
established by City Council Resolution No. 12-6789 does not apply to this establishment because the
proposed project will cease operations and close by 11:00 p.m..
3. Upper Pier Avenue is comprised of a mix of commercial uses including 11 operating on-sale
alcohol establishments on Upper Pier Avenue. The ‘party atmosphere’ prevalent on Pier Plaza and
downtown Hermosa Avenue has not migrated to the more easterly portion of Pier Avenue, arguably
in part due to limitations on on-sale establishments. The City has disallowed intensification of on-
sale alcohol, except in limited cases based on factor such as hours of operation, limited occupant load,
less concentration of these establishments, staggered hours of close and similar factors.
On-sale establishments on Upper Pier Avenue
Name ABC License Closing Time
Crème De La Crepe Beer/Wine 10 p.m.
New Orleans Cajun Café Beer/Wine 10 p.m.
The Counter Beer/Wine 10:00 p.m. daily
Thai Top Beer/Wine 10:00 p.m. daily
Buona Vita Pizzeria Beer/Wine Proposed: 10:00 p.m. Sun-Thur; 11:00 p.m. Fri-Sat
Rockefeller Beer/Wine 11:00 p.m. daily
Fritto Misto Beer/Wine 11:00 p.m. daily
Buona Vita Trattoria Beer/Wine 11:00 p.m. daily
Hibachi General 12:00 a.m. Sun-Thurs; 1:00 a.m. Fri.-Sat.
Abigaile General 1:00 a.m. daily
Club 705 General 2:00 a.m. daily
Jackson’s Bistro (Closed) Beer/Wine 2:00 a.m. (Converted to office space)
4. The project is conditioned consistent with Municipal Code Section 17.26.060 allowing
establishments serving only beer and wine and closing by 10:00 p.m. to operate by right subject to
limitations to reduce potential noise, overconsumption, and other adverse behaviors associated with
sports bars.
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5. To reduce the potential for the adverse effects that could be associated with higher occupant
load or change in management or theme, such as noise, overconsumption, disturbances, etc., the
project is conditioned as stated above and under item A.
E. Precautions taken by the owner or operator of the proposed establishment to assure the
compatibility of the use with surrounding uses: The applicant proposes no televisions. No other
precautions are noted.
F. Noise, odor, dust and/or vibration that may be generated by the proposed use: Noise is not
anticipated to be significant as indicated under item A. No other impacts are anticipated.
G. Impact of the proposed use to the city’s infrastructure, and/or services: The proposed expansion
will increase the total capacity of on-sale establishments open after 10:00 p.m. on Upper Pier Avenue.
The project is appropriately conditioned to reduce impacts and therefore the potential need for
increased police services.
H. Other considerations that, in the judgment of the planning commission, are necessary to assure
compatibility with the surrounding uses, and the city as a whole: No other issues are identified.
Section 5. Based on the foregoing factual findings, the Planning Commission makes the
following findings for a Parking Plan pursuant to H.B.M.C. Sections 17.44.210, 17.44.040(D), and
17.44.060 that adequate parking onsite is not feasible, parking for the expanded use at 423 Pier Avenue
will be provided via eight shared offsite parking spaces at 555/565 Pier Avenue (Hermosa Professional
Building), and parking supply at 555/565 Pier Avenue and 423/425 Pier Avenue will be adequate.
Pursuant to Section 17.44.040(B) which states, “When the use of an existing building or portion thereof is
less than 5,000 square feet gross floor area is changed from a non -restaurant use to a restaurant use, the
parking requirement shall be calculated as set forth in Section 17.44.030, with no parking credit allowed
for the existing or prior use,” eight additional parking spaces are required to serve the proposed expansion
of 849 square feet.
The applicant proposes to enter into a five-year lease with a five year option to renew to use eight offsite
shared parking spaces at 555/565 Pier Avenue (Hermosa Professional Building) which has a total of 40
parking spaces in two lots accessed from Pier Avenue and Bard Street. The 17,500 square foot building is
governed by a Parking Plan (PC Resolution 93-60) which allows less than required parking based on a
specified mix of use types. Pursuant to Section 17.44.060 which states, “Common parking facilities may
be provided to wholly or partially satisfy the off-street parking requirements of two or more uses when
one or more of such uses will only infrequently generate use of such parking area at times when it will
ordinarily be needed by the patrons or employees of the other uses(s)”. Pursuant to Section 17.44.060(B)
the following finding are made:
1. The offsite parking supply 555/565 Pier Avenue is proposed to serve a restaurant within an
existing building; therefore the parking demand is for a proposed use rather than to facilitate
expansion of a building.
2. The peak as well as normal days and hours of operation of such buildings and uses proposed to
share multiple-use parking areas are significantly offset, which provides a basis for allowing shared
parking. The applicant proposes to use parking at 555/565 Pier Avenue between 5:00 p.m. and 11:00
p.m. corresponding to operating hours. The application demonstrates that Hermosa Professional
Building is currently occupied by commercial tenants with predominately daytime business hours,
which are generally offset from peak hours for the proposed expanded restaurant.
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Business Name/Parking Ratio Hours of Operation Square Feet
Buona Vita (proposed) 5-10 Sun-Thur; 5-10 Sat-Sun N/A
Hermosa Professional Building
Service (key and lock) 1/250 Mon – Fri 9-5, Sat 10-2 1,200
Office (escrow company) 1/250 Mon – Fri 9-5 2,060
Office (attorney) 1/250 Mon – Fri. 8-5 3,020
United States Post Office 1/250 Mon – Fri. 9-5 3,259
Medical (surgical) 1/200 Mon – Fri. 8-5 1,710
Dental 1/200 Mon – Fri. 8-5 1,200
Retail (sports) 1/250 Mon – Fri 10-6; Sat 10-4 1,650
Personal services (skin care) 1/250 Mon – Fri 9-7; Sat 9-5 pm 1,350
Personal Services (pilates) 1/250 Mon – Sat 9-6 700
Services (tutoring) 1/250 Mon – Thur 2-8 1,350
Spa 1/250 By appointment 320
The project is conditioned on provision of signage restricting use of eight parking spaces in the lot
from 6:00 p.m. to one-half hour after close to allow people time to get back to their vehicles and this
information shall be provided to customers on the restaurant’s website, at the restaurant, and when
taking reservations, and such spaces shall be provided at no cost to persons parking in them.
3. The multiple-use parking area at 555/565 Pier Avenue is used by all tenants in that building
and is governed by an existing Parking Plan restricting significant changes to the use types in that
building as relates to parking demand; said parking is not used by persons or tenants outside the
building.
4. The certainty that the multiple-use parking area(s) will be available for satisfying such parking
requirements to the extent approved, and the permanency of such availability: Section 17.44.060(C)
states, “A parking plan approval by the planning commission for multiple -use parking area(s) shall be
so conditioned as to reasonably ensure the satisfaction of the appropriate parking requirements during
the continued existence of the buildings or occupancies involved.” Subsection (D) states, “If the
common parking area(s) and the building sites to be served are subject to more than one ownership,
permanent improvement and maintenance of such parking facilities must be provided in one of the
following manners”, including by covenant or contract among all such property owners; and duly
recording an appropriate covenant running with the land.”
The multiple-use parking area is conditioned to provide eight parking spaces for a minimum period of
ten years. The applicant proposes to enter into a lease with the owner of 555/565 Pier Avenue for use
of eight parking spaces for a period of five years with a five year option to renew, and the applicant
agrees that if the lease is not thereafter extended, the expansion at 423 Pier Avenue must be reverted
to a use with parking demand equivalent to retail use, or alternatively in-lieu fees at the then-current
rate per space will automatically and immediately be due and payable to the city, or the Parking Plan
must be timely amended to designate other parking arrangements. To ensure consistency with the
code, the CUP is conditioned on a covenant implementing these provisions approved by the city, and
making the city a party thereto. These conditions ensure parking will be adequate for the proposed
expanded restaurant.
5. The multiple-use parking area, as conditioned to require the lot on Pier Avenue to be used, will
be located approximately 300 feet from the restaurant; the lot is located on a commercial street and is
readily accessible to restaurant patrons and employees. For reference, Section 17.44.090 (Off-street
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parking location) allows offsite parking under the same ownership to be located within 300 feet
without a parking plan.
Section 6. The project is Categorically Exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines 15303(c) because the project is a minor expansion of an existing
use limited to less than 1,000 square feet within an existing building within an urbanized area and parking
and all services are available.
Section 7. Based on the foregoing, the Planning Commission hereby approves Conditional Use
Permit Amendment 12-5 and Parking Plan 12-8 subject to the following Conditions of Approval:
1. The use consisting of a restaurant with on-sale beer and wine and ‘open air’ dining shall
be substantially consistent with submitted plans reviewed by the Planning Commission
on August 21, 2012 and as required by project conditions. Minor modifications to the
floor plan shall be reviewed and may be approved by the Community Development
Director. Any substantial deviation to the floor plan or seating arrangement or
intensification of use, or which alters the primary function of the business, shall be
reviewed and approved by the Planning Commission.
a. Project plans comply with the Specific Plan Area No. 11 zoning district
requirements.
b. Project plans shall be modified to designate trash and recycle containers
adequate for all uses on the property within an enclosure approved by the
Community Development Department compatible with the premises and in
compliance with H.B.M.C. Chapter 8.12.
c. A Landscape Plan shall be submitted for Community Department approval
prior to Building Permit issuance in compliance with H.B.M.C. Chapter 8.60.
2. The hours of operation shall be limited to between 5:00 p.m. and 10:00 p.m. Sunday
through Thursday, and 5:00 p.m. and 11:00 p.m. Friday and Saturday, at which time all
customers shall vacate the premises and the doors shall be locked.
3. The business shall be operated as a bona fide restaurant. The kitchen shall be equipped
to prepare food from its component ingredients whenever the restaurant is open and it
shall offer a full-service menu; food service from the menu shall be available during all
hours that the establishment is open for business; a minimum of sixty-five (65) percent
of the total gross sales, computed monthly, shall result from the sale of prepared food.
The permittee shall maintain a summary of gross receipts of food and alcohol indication
the percentage of each to the total on a monthly basis for inspection by the City upon
request.
4. The provision of alcoholic beverages shall be limited to beer and wine and comply with
the following:
a. All alcoholic beverages shall be served in non-disposable drink ware.
b. Alcoholic beverage shall be served or allowed only during hours when food
(other than snacks such as pretzels or nuts) is served.
c. No beer or wine shall be provided “to go”.
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d. Signs shall be posted in a conspicuous location warning patrons of the illegality
of consuming alcoholic beverages in any public place.
e. Signs shall be posted complaint with H.B.M.C. Section 8.48.060 Alcoholic
beverages--Warning signs.
5. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
6. The business shall prevent loitering, unruliness and boisterous activities of the patrons
outside the business or in the immediate area.
7. If the operation of the establishment poses a risk of harm to persons or property, the
Police Chief may direct the presence of a police approved doorman and/or security
personnel to eliminate the problem, at the owner/operators expense. 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.
8. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
9. The business shall comply in all other aspects with Municipal Code Chapter 8.24 (Noise
Control) and noise from the premises shall not constitute a public nuisance.
a. The rear door to the restaurant shall be maintained in a closed position at all
times to reduce noise transmission.
b. The volume on any audio devices or speakers shall be turned off after 10:00 p.m.
each night and when the retracting front windows are fully or partially open.
Air conditioning shall be installed to facilitate implementation of this condition.
c. Not more than two (2) televisions, electronic, video, projection or similar visual
displays shall be located a minimum of ten (10) feet from the facade or within or
visible from any area accessible to customers.
d. Seating at the designated bar shall not exceed five seats. No stand up bar shall
be allowed.
10. Live entertainment (including but not limited to amplified music, disc jockeys, live
music whether acoustic or amplified, and live performances of all kinds) and customer
dancing is prohibited.
11. The practice of washing and rinsing restaurant floor mats, tables, equipment, etc., or
discharge of any liquids, other than stormwater, onto the public right-of-way, into the
parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash
water shall be limited to the sanitary sewer. Designation of a mop sink and provision of
a grease trap shall be provided as required by the Public Works and Building Division.
12. The establishment shall not use polystyrene take-out containers, which may or may not
be identified with a “No. 6” or “PS” recycle code.
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13. A manager who is aware of the conditions of this conditional use permit shall be on
premises during business hours. The conditional use permit shall be maintained on the
premise in a location where employees can easily read the conditions.
14. Approval of the Conditional Use Permit amendment is contingent on approval of and
continued compliance with the Parking Plan.
15. Eight offsite parking spaces shall be provided to comply with parki ng standards for the
restaurant expansion. A covenant executed by the restaurant business owner and owner
of 555/565 Pier Avenue approved by, and making the City a party thereto, shall do the
following:
a. Bind the owner of 555/565 Pier Avenue to the designation of eight parking spaces at
555/565 Pier Avenue (Hermosa Professional Building) for exclusive use by said
restaurant patrons and employees during hours of 5:00 p.m. to 10:30 p.m. Sunday
through Thursday, and 5:00 p.m. to 11:30 Friday and Saturday for a minimum term of
ten years.
b. Bind the restaurant business owner, and any successor or assign, at 425 or 423 Pier
Avenue to perpetual provision of eight parking spaces at 555/565 Pier Avenue, or in the
event the eight spaces are no longer available to the restaurant, either reversion of the
849 square feet to a use with parking demand equivalent to retail use, or, in-lieu fees at
the then-current rate per space shall automatically and immediately be due and payable
to the City of Hermosa Beach, or the Parking Plan for 423/425 Pier must be timely
amended to provide other parking arrangements to satisfy the eight space requirement.
Should noncompliance occur, the City will take all measures legally available including
informing other permitting agencies of noncompliance with City zoning regulations.
c. Said covenant shall be submitted to and approved the Community Development
Director and City Attorney prior to issuance of any building or demolition permit for
the proposed restaurant expansion or work to accommodate the expansion at 425 or 423
Pier Avenue.
d. The eight leased parking spaces at 555/565 Pier Avenue shall be signed indicating the
spaces are reserved for the subject restaurant during the hours stated.
e. Parking in the designated spaces during the designated hours shall be provided at no
cost to persons using the spaces.
f. The restaurant shall provide notice to its customer and employees of the availability of
the parking spaces, on its website, within the restaurant, and when taking reservations.
g. A manager who is aware of the conditions of this Parking Plan shall be on premises
during business hours and shall monitor parking spaces to ensure compliance with the
parking plan.
16. Approval of the Conditional Use Permit amendment is contingent on approval and
compliance with Parking Plan Amendment 12-8.
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a. Said spaces shall be signed indicating the spaces are reserved for the subject
restaurant during the hours stated. Persons parking in said spaces shall not be
charged for parking during said occupancy.
b. The mix of use types by parking demand, with hours of operation after 5:00 p.m., as
stated in this resolution shall be not be substantially modified while the requirement
to reserve is in effect unless and until the Parking Plan is amended.
17. Planning Commission Resolution 93-60 shall be modified by adding condition 7 to read
as follows:
Notwithstanding anything to the contrary herein, eight parking spaces at 555/565 Pier
Avenue (Hermosa Professional Building) shall be reserved for exclusive use patrons of a
restaurant located at 423-425 Pier Avenue during hours of 5:00 p.m. to 10:30 p.m.
Sunday through Thursday, and 5:00 p.m. to 11:30 Friday and Saturday for a minimum
term of ten years commencing with the effective date of a covenant binding the owner of
555/565 Pier Avenue to these terms (see Conditional Use Permit Amendment 12-5 for
423-425 Pier Avenue for more information on the businesses use of eight spaces at 555-
565 Pier). The city shall be a party to the covenant. Said covenant shall be submitted
to and approved the Community Development Director and City Attorney. All other
conditions of Resolution 93-60 shall remain in full force and effect.
Said eight parking spaces shall be signed indicating the spaces are reserved for the
subject restaurant during the hours stated. Parking in the designated spaces during the
designated hours shall be provided at no cost to persons using the spaces.
Said spaces shall be signed indicating the spaces are reserved for the subject restaurant
during the hours stated. Persons parking in said spaces shall not be charged for
parking during said occupancy.
The mix of use types and their parking demand, with hours of operation after 5:00 p.m.,
shall be not be substantially modified while the requirement to reserve is in effect unless
and until the Parking Plan is amended.
Business Name/Parking Ratio Hours of Operation Square Feet
Hermosa Professional Building
Service (key and lock) 1/250 Mon – Fri 9-5, Sat 10-2 1,200
Office (escrow company) 1/250 Mon – Fri 9-5 2,060
Office (attorney) 1/250 Mon – Fri. 8-5 3,020
United States Post Office 1/250 Mon – Fri. 9-5 3,259
Medical (surgical) 1/200 Mon – Fri. 8-5 1,710
Dental 1/200 Mon – Fri. 8-5 1,200
Retail (sports) 1/250 Mon – Fri 10-6; Sat 10-4 1,650
Personal services (skin care) 1/250 Mon – Fri 9-7; Sat 9-5 1,350
Personal Services (pilates) 1/250 Mon – Sat 9-6 700
Services (tutoring) 1/250 Mon – Thu 2-8 1,350
Spa 1/250 By appointment 320
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18. The restaurant with on-sale alcoholic beverage service may be subject to a periodic
review process established by the City to verify conformance with the Conditions of
Approval.
19. This resolution shall supersede Board of Zoning Adjustment Resolution 154-382 which
shall be of no further force or effect.
20. Exterior and interior water use shall comply with H.B.M.C. Section 8.56. Proof of
compliance with water conserving devices shall be provided.
21. The project shall comply with all requirements of the City Building, Fire, and Public
Works Departments and maintain conformance with all other applicable City of
Hermosa Beach and regulatory agency requirements and standards, including but not
limited to: California Coastal Commission, California Department of Alcoholic
Beverage Control, Los Angeles County Health Department, California Disabled Access
Standards (Government Code title 24), and Los Angeles County National Pollutant
Discharge Elimination System Permit (NPDES). City requirements may include but not
be limited to installation of a fire sprinkler system, undergrounding of utilities
designation of a mop sink and installation of a grease interceptor.
22. 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
hereafter adopted that is 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.
23. 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.
24. Approval of this permit shall expire twenty-four (24) months from the date of approval
by the Planning Commission, unless significant construction or improvements or the use
authorized hereby has commenced. One or more extensions of time may be requested.
No extension shall be considered unless requested, in writing to the Community
Development Director including the reason therefore, at least 60 days prior t o the
expiration date. No additional notice of expiration will be provided.
Section 8. 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 Amendment and Parking Plan shall be recorded, and proof of
recordation shall be submitted to the Community Development Department prior to the issuance of a
building permit.
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 and enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa
Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against
any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant