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HomeMy WebLinkAboutPC Resolution 08-39 - (140 pier)P.C. RESOLUTION 08-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR DINING IN CONJUNCTION WITH A RESTAURANT USE AT 140 PIER AVENUE, "NEW ORLEANS CAJUN CAFE," LEGALLY DESCRIBED AS LOTS 13 & 14, FIRST ADDITION TO 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 New Orleans Cajun Cafe seeking approval for an outdoor patio dining in conjunction with an existing restaurant with minor alterations to the interior layout to install two bathrooms. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Conditional Use Permit 08-8 on September 16, 2008, at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines Section 15301, since the proposal involves an existing use type including remodel of a portion of an existing building within an urban area to create the effect of a patio within the existing footprint and no perceptible impacts on traffic, noise, air, or water quality will occur. Section 4. Based on the testimony and evidence received the Planning Commission makes the following factual findings limited to the request for an outdoor dining patio: The site is zoned C-2, Restricted Commercial, which allows restaurant uses and out door dining with approval of a Conditional Use Permit. 2. Applicant requests a reduction in total seating capacity from forty nine (49) to thirty eight (38), including ten (10) outdoor dining seats to be located in the outdoor patio area occupying approximately 186 square feet within the existing building footprint. 3. There has been a restaurant use onsite since 1975; New Orleans Restaurant has occupied the site since 1996 with no recorded nuisance complaints relating to outdoor dining tables encroaching on the public right of way. 4. At the time the first restaurant use at the subject site became operational in 1975, no off street parking was required (H.B. Zoning Code 1970-76, Section 800-B). 5. The site's proposed floor layout, including the outdoor dining patio, will provide level access for mobility impaired patrons. 6. No additional offstreet parking is required; the proposal to reduce total restaurant seating from forty nine (49) to thirty eight (38) will cause a reduction in the site's use intensity. Section 5. Based on the foregoing factual findings and pursuant to H.B.M.C. Section 17.40.020, the Planning Commission hereby finds that the site is suitable for outdoor patio dining because it is located within a commercial area, the number of patrons at the existing establishment, and therefore traffic and other impacts will not increase, and the project is conditioned to minimize potential noise or other impacts to residential uses in the vicinity. Section 6. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 08-8 allowing outdoor dining subject to the following Conditions of Approval: 1. Interior and exterior building operations and the continued use and operation of the restaurant shall be substantially consistent with the plans approved by the Planning Commission on September 16, 2008. 2. The size of the outdoor dining patio and outdoor dining seats limited to ten (10) shall be as shown on the approved floor plan. 3. The hours of restaurant operation, including outdoor dining, shall be limited to 7:00am to 10:00pm daily. 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. 5. Noise emanating from the property shall be within the limitations prescribed by the City of Hermosa Beach's Municipal Code Chapter 8.24. 6. The exterior of the premises shall be maintained in a neat and clean manner and maintained free of graffiti at all times. 7. 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. 8. The project shall comply with the requirements of the Fire Department. 9. Building plans/drawings submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. 10. 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 2 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 7. 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. 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 8. 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: Conuns. Allen, Darcy, Hoffman,Perrotti, and Pizer NOES: None ABSTAIN: None ABSENT None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 08-39 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 October 21, 2008. Ole Sam Perrotti, Chairman n obe son, Secretary October 21, 2008 Date F:1B951CDTC12008110-21-08 140 PierAve ResoOUTDOORDiN1NG100108 Final _4