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HomeMy WebLinkAboutPC Resolution 08-34 - (424 pier-outdoor dining)P.C. RESOLUTION 08-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR DINING IN CONJUNCTION WITH RESTAURANT USE AT 424 PIER AVENUE LEGALLY DESCRIBED AS NORTH WEST 102' OF LOT 14, TRACT NO.780. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Creme de la Crepe seeking approval for outdoor dining in conjunction with minor alterations to the interior layout of an existing restaurant. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Conditional Use Permit 08-7 on July 15, 2008, at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. Based on the testimony and evidence received, the Planning Commission makes the following factual findings limited to the request for outdoor dining: 1. The site is zoned C-2, Restricted Commercial, allowing restaurant uses and outdoor dining with approval of a Conditional Use Permit. 2. Applicant requests approval of two tables and four chairs for outdoor dining occupying approximately 22 square feet of area (11' x 2') within the alcove of the building. 3. Approval of the application will legalize the ongoing use of said tables. The existing restaurant has operated onsite since 2001 with one recorded nuisance complaint relating to outdoor dining tables encroaching on the public right of way. 4. The project is Categorically Exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines Section 15332, since the proposal involves the placement. of two table and four chairs within the alcove of an existing building and no perceptible impacts on traffic, noise, air, or water quality will occur. Section 4. Based on the foregoing, the Planning Commission hereby approves part of the Conditional Use Permit 08-7 relating to outdoor dining only, onsite subject to the following Conditions of Approval: 1. The use and operation of the outdoor dining area shall be substantially consistent with the plans approved by the Planning Commission on August 19, 2008. 2. The size and location of the outdoor dining area shall be limited to the alcove located outside the public right-of-way as shown on the floor plan approved on August 19, 2008. 1 3. The number of outdoor dining tables shall be limited to two (2) unless the applicant obtains all required approvals from the City of Hermosa Beach for additional tables. 4. All structures associated with restaurant use, including outdoor dining facilities and other landscaping features, shall be located wholly within the site boundaries and shall not encroach on the public right of way without written permission from the City of Hermosa Beach, including issuance of an Encroachment Permit, and Parking Plan if required. 5. Outdoor dining shall be limited to 7:00am to 11:00pm seven days per week including Sundays and public holidays. 6. Noise emanating from the property shall be within the limitations prescribed by the City of Hermosa Beach's Municipal Code Chapter 8.24. 7. The exterior of the premises shall be maintained in a neat and clean manner and maintained free of graffiti at all times. 8. The runoff from washing and/or rinsing of restaurant equipment, including floor mats, food preparation utensils and other coverings, shall drain to the sewer system only; under no circumstances shall site run-off drain to the stormwater system. 9. The project shall comply with the requirements of the Fire Department. 10. The parking lot located to the rear of the subject site as shown on approved plan (dated 04-22-2008, drawing number A-1.0) shall be designated for use by customers and staff; sign(s) shall be posted at the entrance to the parking area in a clearly visible location that states this parking is for use by customers and employees. 11. The operation of the business shall comply with all applicable requirements of the Municipal Code; 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. Section 5. 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 shall be recorded and proof of recordation shall be submitted to the City of Hermosa Beach. Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a court of law, all other conditions shall remain valid and enforceable. 2 The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this Conditional Use Permit. The City shall promptly notify the Permittee of any claim, action or proceeding and the City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of any claim, action or proceeding, or 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 that 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 Conditional Use Permit. Section 6. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: Comms.Allen,Darcy,Hoffmari,Pizer NOES: Chmn.Perrotti ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 08-34 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of August 19, 2008. August 19, 2008 Date f:\b9S\ed\pc\2008\08-19-08\424 pier resos