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HomeMy WebLinkAboutPC Resolution 08-46 - (37 14th St.-La Playita)P.C. RESOLUTION 0846 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO MODIFY THE EXISTING PERMIT FOR ON -SALE BEER AND WINE TO ALLOW ON -SALE GENERAL ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT (LA PLAYITA CAFE) WITH A 9:OOPM CLOSING TIME AT 37 14TH STREET, LEGALLY DESCRIBED AS LOT 33, BLOCK 15, HERMOSA BEACH TRACT. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by La Playita Mexican Caf& seeking approval to modify the existing permit for on -sale beer and wine to allow on -sale general alcohol in conjunction with a restaurant with a 9:OOPM closing time and no architectural alterations property. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Conditional Use Permit 08-13 on December 3, 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 Staff Report, testimony and evidence received, the Planning Commission makes the following factual findings: The site is zoned C-2, Restricted Commercial, allowing restaurant uses, including on -sale general alcohol with approval of a Conditional Use Permit. 2. There are no changes to the property, including the interior, exterior or rear parking lot; the parking arrangements (eight spaces) are grandfathered under Parking Plan 92-5. 3. The sale of alcohol will take place within the existing restaurant and outside seating area, totaling 48 seats, and there is no bar area. 4. The business has operated under the most current Conditional Use Permit 92-12 allowing on - sale beer and wine since 1992 with no recorded nuisance complaints on the City's files. 5. CUP 92-12 allows the indoor dining area to close at I LOOPM and the patio to close at 8:OOPM during daylight savings time and 6:OOPM for the remainder of the year. 6. The applicant has requested a closing time of 9:OOPM daily. Based on the foregoing, the Planning Commission makes the following findings: Pursuant to Hermosa Beach Municipal Code Sections 17.40.020 and 17.40.080 the site is suitable for the proposed on -sale general alcohol in conjunction with the existing restaurant use and is compatible with surrounding commercial and residential uses as stated below and in the staff report; and concerns arising from the proposal can be mitigated through the project conditions. 2. Amending the existing Conditional Use Permit 92-12 to allow on -sale general alcohol is considered unlikely to create additional impacts on surrounding commercial and residential uses, as this is a minor change because the establishment current has an -sale beer and wine license, there is no increase in seating, no bar area, and the restaurant including indoor and outdoor dining areas and on -sales alcohol beverage service will be restricted to 9:OOPM daily. 3. Confining the hours of all components of the operation to a close of 9:OOPM daily will simplify monitoring and enforcement, maintain hours more in line with customary dining hours and reduce the potential for law enforcement problems which have tended to occur in the late evening/early morning hours in the Pier Plaza area. 4. Amending the existing Conditional Use Permit to allow on -sale general alcohol is considered unlikely to exacerbate the existing over saturation of ABC licenses within the downtown/Pier Plaza area for the reason stated above. 5. The conditions in this Resolution supersede those contained in Planning Commission Resolution 92-54. Section 4. The proposed change in use from on -sale beer and wine to on -sale general alcohol in conjunction with a restaurant is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15332, Infill Development Projects, as the project involves no physical change to any structure or site, the change is minor in nature, hours of operation will generally be reduced and the number of patrons and operation will not otherwise change, and the project is located in an urbanized area on an urban lot, all necessary public service, access and facilities are available. Section 5. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 08-13, 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 (Drawing Title 'Proposed Floorplan, A-1.1 Received June 8, 2008). Minor modifications to the plans required to comply with project conditions or codes may be approved by the Community Development Director. 2. The establishment, including outdoor dining, shall not adversely affect the welfare of the residents and/or commercial establishments nearby. 3. Screens shall he installed on all operable exterior windows at ground floor level to prevent the pass -through of alcoholic beverages and to control flies. 4. The minimum six (6) foot high barrier shall be maintained around the perimeter of the outside dining area as depicted on the plans approved by Planning Commission Resolution 92-54 for CUP 92-12, dated July 20, 1992, and shall be maintained free of any damage. 5. Signs shall be posted in a conspicuous location warning patrons of the illegality of open alcohol containers in any public areas such as the sidewalk and beach. 6. The establishment shall operate as a restaurant, being an establishment which primarily sells prepared food; a minimum of fifty (50) percent of the total gross sales, computed monthly, shall result from the sale of prepared food. The establishment shall serve either one of the following: breakfast, lunch or dinner or has a kitchen with equipment capable of serving breakfast, lunch or dinner. N 7. All alcohol shall be consumed on the premises. All alcoholic beverages shall be served in non -throw -away containers. The sale of alcohol in take -away cups for consumption off the premises is prohibited. No alcoholic beverages shall be included with take-out orders. 8. The business shall ensure one (1) managerial staff member familiar with the terms of this Conditional Use Permit is onsite at all times during the hours of 4:OOPM to 9:OOPM daily to provide adequate patron supervision and to minimize the risk of loitering, unruliness and boisterous activities of patrons on and immediately outside the premises. 9. Noise emanating from the property shall be within the limitations prescribed by Hermosa Beach's Municipal Code Chapter 8.24 and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 10. A sign shall be posted in a conspicuous location within the outside dining area requesting that patrons be considerate of nearby residents, including by controlling the volume of their conversations. 11. No entertainment, amplified speakers of any kind, televisions or similar devices are allowed in the outdoor patio area. 12. Trash/recycle enclosure on plans approved by Planning Commission Resolution 92-54 for CUP 92-12, dated July 20, 1992 (required to be provided with a gate of material to provide suitable screening approved by the Community Development Director not less than five (5) feet high so that refuse is not visible at any time as so improved shall be permanently maintained. Solid waste facilities/containers adequate for the use shall at all times comply with Municipal Code Section 8.12.220. 13. Landscape provided in front of the business shall be perpetually maintained in a healthy condition in accordance with the plans approved by Planning Commission Resolution 92- 54 for CUP 92-12 dated July 20, 1992. 14. A bicycle rack shall be permanently provided and maintained adjacent to the business. 15. The exterior of the premises shall be maintained in a neat and clean manner and maintained free of graffiti at all times. 16. A notice displaying the maximum permissible occupant load shall at all times be clearly posted inside the premises and viewable from the public dining area, and shall not be exceeded at any time. Should the Police and/or Fire Department determine that the maximum permissible occupant load is being exceeded at any time, they may cite the business and initiate a Conditional Use Permit revocation proceeding. 17. Should the police chief determine that a continuing police problem exists, he/she may require the presence of a police approved doorman and/or security personnel. 18. If the Police Chief deems it necessary to require that the establishment provide approved security personnel, the Police Chief shall submit a report to the Planning Commission, which will trigger a review of this Conditional Use Permit by the Planning Commission. 19. Applicant shall maintain the on sale license issued by the California Department of Alcohol Beverage Control in good standing at all times. In the event of a conflict in the provisions of this Conditional Use Permit and the on -sales license issued by the California Department of Alcohol Beverage Control, the more restrictive requirement shall apply. 20. There shall be no stand-up or sit-down bar area and only seated patrons upon the licensed premises may be provided sales, service or consumption of alcoholic beverages. 21. The hours of restaurant operation, including outdoor/patio dining, and on -sale general alcohol service shall be limited to 7:00AM to 9:OOPM daily. 22. Should the City consider the premise to be generating a noise problem, the City may instigate noise monitoring at the applicant's expense and/or may require noise mitigation measures at the property. 23. All structures associated with restaurant use, including outdoor dining facilities and other landscaping features, shall be located wholly within the site boundaries. Outdoor dining and/or placement of associated objects on the sidewalk is prohibited and no Encroachment Permit shall be granted, unless and until the Conditional Use Permit is amended to authorize such use. Planters or bike racks may be permitted on the sidewalk subject to the granting of an Encroachment Permit by the City Department of Public Works. 24. The parking lot and all exterior walkways surrounding the restaurant site shall be well lit from sunset to half an hour after closing. Any installation of exterior lighting shall be full cut-off and downcast, shall not shine on neighboring properties, and bulbs shall not be visible to occupants of adjoining residences, and shall be the minimum intensity necessary for the intended use. 25. 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 grey water from the site drain to the storm water system. 26. The project shall comply with the requirements of the Building, Fire and Public Works Departments. 27. The Planning Commission shall conduct a review of the restaurant operations for compliance with the terms of the Conditional Use Permit and all relevant Municipal Code standards on an annual basis as part of the annual review of restaurants in Hermosa Beach and/or in response to any complaints arising from the use of the premises. 28. After reviewing this Conditional Use Permit, the Planning Commission may amend the above conditions and/or impose any new conditions deemed necessary to mitigate detrimental impacts on the neighborhood arising from use of the premise. 29. The Conditional Use Permit shall not be effective until all procedures prescribed under Chapter 17.56 of the Hermosa Beach Municipal Code and all Conditions of Approval have been complied with. The Conditional Use Permit shall be null and void two (2) years from the date of approval unless executed. The applicant may apply in writing for an extension of time to the Planning Commission prior to the date of expiration. 2 Section 6. 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 fall compliance shall be a violation of these conditions. 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. 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. 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. Section 7. 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: Allen, Darcy, Perrotti NOES: Hoffman, Pizer ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 08-46 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 December 3, 2008. Sam Perrotti, Chairman December 3, 2008 n Robertson, Secretary 5