HomeMy WebLinkAboutPC Resolution 00-44 - (1303 Hermosa Ave)2
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P.C. RESOLUTION 00-44
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SEATING IN
CONJUNCTION WITH A COFFEE HOUSE/SNACK SHOP AT 1303
HERMOSA A VENUE LEGALLY DESCRIBED AS LOT 29, BLOCK
14, HERMOSA BEACH TRACT.
Section 1. An application was filed by Starbuck's Co ffe e, seeking approval for an
outdoor seating area the south and east of the retail building at 1303 ermosa A venue.
Section 2. The Planning Commission conducted a duly noticed de novo public hearing
to consider the application for a Conditional Use Permit on July 18, 2000, 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 subject coffee house is to be located within a portion of the ground floor area,
containing 1332 square feet, within a new 6,840 square foot retail building being constructed
by the City adjacent to the North Pier Parking Structure.
2. The City Council approved the Precise Development Plan for the subject
retail/office building in conjunction with the adjacent North Pier Parking Structure in 1996.
The Planning Commission approved a Parking Plan for the subject coffee house and ancillary
outdoor seating on July 18, 2000, (P.C. Resolution 00-43).
3. The applicant proposes to provide outdoor seating for customers to consume
products purchased from inside the coffee house/snack shop involving no change or
intensification of use .
Section 4. Based on the foregoing factual findings, the Planning Commission makes
the following findings pertaining to the application for the Conditional Use Permit:
1. The site is zoned C-2, and is suitable for the proposed outdoor use in conjunction
with the business;
2. The proposed outdoor use 1s compatible with surrounding commercial and
residential uses;
3. The imposition of conditions as required by this resolution will mitigate any
negative impacts on nearby residential or commercial properties;
4. This project is Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act.
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Section 5. Based on the foregoing, the Planning Commission hereby approves the
Conditional Use Permit for outdoor seating, subject to the following Conditions of Approval:
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2.
The project shall be substantially consistent with submitted plans revised in
accordance with the conditions below. Modifications to the plan shall be reviewed
and may be approved by the Community Development Director.
a. The plan shall be. revised to clearly show the limits of the outdoor seating
area(s) which is considered an encroachment in the City right-of-way. If
seating is provided along the Hermosa Avenue frontage, the seating shall be
fixed; shall not extend more than three feet from the east building wall; and
not extend beyond the columns, and shall not interfere with required
pedestrian clearance as required by the Public Works Department.
Outdoor seating and occupancy of the patio shall be in conj unction with the coffee
house use only, and for customer use of the coffee house only.
II 3. An encroachment permit shall be obtained from the Public Works Department for
the outdoor seating area.
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The outdoor seating area shall be maintained in a neat and clean manner at all
times.
The use of outdoor seating area shall comply with all applicable requirements of
the Hermosa Beach Municipal Code.
The use of the outdoor seating area shall not adversely effect the welfare of the
residents, and/or commercial establishments nearby.
The business shall provide adequate staffing, management and supervisory
techniques to prevent loitering, unruliness, and boisterous activities of the patrons
in the outdoor seating areas.
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 esta~lishments.
Section 6. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed a 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.
26 The Conditional Us~ Permit shall be recorded, and proof of recordation shall be submitted to the
Community Development Department.
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Each of the above c~nditions 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.
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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, vo_id or annul this permit approval, which action is brought within the applicable
time period of the State Government Code. 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 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 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.
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.
VOTE: AYES:
NOES:
ABSENT:
ABSTAIN:
Schwartz, Pizer, Chairman Perrotti
None
Hoffman, Ketz
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 00-44 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
me ting of Ju, 18, 2000.
p/~
Sam Perrotti, Chairman
Date~ ts;dotJt>
Cupr1303
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