HomeMy WebLinkAboutPC Resolution 99-24 - (26 22nd St)P.C. RESOLUTION NO. 99-24
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3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
4 BEACH, CALIFORNIA, APPROVING AP ARKING PLAN AND CONDITIONAL USE
5 PERMIT, AS AMENDED, TO ALLOW OUTSIDE DINING, AND EXTENDED HOURS,
6 IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH ON-SALE BEER
1 AND WINE AT 26 22ND STREET, AND LEGALLY DESCRIBED AS LOT 11, BLOCK
8 22, HERMOSA BEACH TRACT
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The Planning Commission hereby resolves and orders as follows:
Section 1. An application was filed by Randy Fortunato seeking approval of an
amendment to an existing Conditional Use Permit to extend the operating hours of the outdoor
dining area.
Section 2. The Planning Commission conducted a duly noticed de novo public hearing
to consider the application for a Conditional Use Permit April 20, 1999, 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 business is currently operating under the terms of a Conditional Use Permit
approved in 1996, for on-sale alcohol in conjunction with a restaurant and outdoor dining area
(Resolution 96-5810).
2. The conditions of said Conditional Use Permit, in effect since 1996, limit the
operating hours of the business to between 7:00 A.M. and 12:00 Midnight, Friday and
Saturday, and between 7:00 A.M. and 11:00 P.M. Sunday through Thursday. and limit the use
of the outdoor dining area to no later than 10:00 P.M. on Friday and Saturday, and 9:30 P.M.
during the week.
3. The applicant proposes to extend the allowable hours for the outdoor dining area to
11:00 P.M during Pacific Day-Light Savings Time, and 10:00 P.M. during Pacific Standard
Time.
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4. The restaurant is located on the south side of 22nd street, with the outdoor seating
area located directly in front of the business.
5. The property is zoned C-1, with commercial uses located on commercially zoned
property to the north and east, and residential uses on commercially zoned property located to
the west.
Section 4. Based on the foregoing factual findings, the Planning Commission makes
the following findings pertaining to the application for the Conditional Use Permit
Amendment:
1. The site is zoned C-1 and the outdoor patio has been used in conjunction with the
restaurant for three years.
2. The proposed outdoor use with extended hours is compatible with surrounding
commercial and residential uses, and similar to other outdoor uses in the City, and the
imposition of conditions as required by this Resolution will mitigate any noise impacts on
nearby residential and commercial properties;
3. The project is Categorically Exempt from the requirement for an environmental
assessment, pursuant to the California Environmental Quality Act Guidelines, Sections 15305,
minor alteration to land use limitations.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
Conditional Use Permit, as amended, for on-sale alcohol and outdoor dining, in conjunction
with a restaurant subject to the following Conditions of Approval which supersede the
conditions contained in Resolution 96-5810:
Specific Conditions of Approval
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3.
The development and continued use of the property shall be in conformance with
submitted plans. Modifications to the plan shall be reviewed and may be approved
by the Community Development Director.
The hours of operation shall be limited to between 7:00 A.M. and 12:00 Midnight
Friday and Saturday, and between 7:00 A.M. and 11:00 P.M. Sunday throug
Thursday daily.
The use the outdoor patio shall be limited to between 7:00 A.M. to 11:00 P.M.
during daylight savings time, (April -October) and to 10:00 P.M. November -
March.
27 4. No recorded music or amplified music is allowed on the patio.
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5. Existing bicycle parking shall be maintained to the satisfaction of the Community
Development Director.
General Operating and Standard Conditions:
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The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
The business shall prevent loitering, unruliness, and boisterous activities of the
patrons outside the business, or in the immediate area.
The Police Chief may determine that a continuing police problem exists and may,
subject to the review of the Planning Commission, direct the presence of a police
approved doorman and/or security personnel to eliminate the problem. If the
problem persists the Police Chief then shall submit a report to the Planning
Commission, which will automatically initiate a review of this Conditional Use
Permit by the Commission.
The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
14 10. Any changes to the interior or exterior layout which alter the primary function of
the restaurant shall be subject to review and approval by the Planning
Commission.
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The operation of the business and the use and operation of the outdoor dining area
shall comply with all applicable requirements of the Municipal Code including
Chapter 12.16 regarding encroachment into the public right-of-way.
The project and operation of the business shall be ~eviewed in six months. Any
violation of the Conditions of approval and/or violation of the Hermosa Beach
Municipal Code may be grounds for a public hearing for revocation of the
Conditional Use Permit.
Section 6 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
Community Development Department.
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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 an enforceable.
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, void 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 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 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
VOTE: AYES:
NOES:
ABSENT:
ABSTAIN:
Commns. Ketz, Perrotti, Schwartz, Pizer, Chmn. Tucker.
none
none
none
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 99-24 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
April 20, 199
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