HomeMy WebLinkAboutPC Resolution 95-36 - (502 PCH)1
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P.C. RESOLUTION 95-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HER.l"\1:OSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT
TO ALLOW ON-SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANTS
AT 502 PACIFIC COAST IDGHW AY LEGALLY DESCRIBED AS LOTS l, 2, 5 OF
TRACT NO. 294.
WHEREAS, the Planning Commission held a public hearing on September 19, 1995, to
receive oral and written testimony regarding an application for a Conditional Use Permit amendment
and made the following :findings:
A.
B.
The applicant is proposing to remodel the interior of an existing building previously used for
a restaurant with on-sale beer and wine; and to utilize approximately half of the previous
restaurant floor area.
No additional parking is required for this business as it is not intensifying the use beyond the
previous use.
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The proposed use of the site for a restaurant with on-sale beer and wine is appropriate for the
subject location and will be compatible with surrounding commercial activities along Pacific
Coast Highway.
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D.
E.
Strict compliance with the conditions of approval will mitigate any negative impact resulting
from the issuance of the Conditional Use Permit;
This project is categorically exempt.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Hermosa Beach, California does hereby approve a Conditional Use Permit amendment to
allow on-sale beer and wine in conjunction with a restaurant, subject to the following
conditions:
SECTION I Specific Conditions of Approval
28 1. The project shall be substantially consistent with submitted plans. Modifications to the plan
shall be reviewed and may be approved by the Community Development Director.
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2. The hours of operation shall be limited to between 8:00 AM. and 2:00 AM. daily.
SECTION II 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 provide adequate staffing, management and supervisory techniques to
prevent loitering, unruliness, and boisterous activities of the patrons outside the business and
in the parking 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 establishments.
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Signs shall be posted in a conspicuous location warning patrons of the illegality of open
alcoholic containers in any public areas such as the public sidewalk and beach.
The Police Chief may determine that a continuing police problem exists, and may authorize
the presence of a police approved doorman and/or security personnel to eliminate the
problem, and 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.
Any significant changes to the interior layout which would alter the primary function of the
restaurant shall be subject to review and approval by the Planning Commission.
The project and operation of the business shall comply with all applicable requirements of the
Municipal Code.
SECTION III
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.
The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the
Community Development Department.
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.
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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, void or annul this permit approval, which action is brought within the applicable time period of
Government Code Section 65907. 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.
SECTION IV
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.
This Resolution N o.95-36 supersedes BZA Resolution 154-595
VOTE: A YES: Chrmn. Tucker, Commrs. Dettelbach,Perrotti, DiMonda, Merl.
NOES: none
ABSENT: none
ABSTAIN: none
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 95-36 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 f/J'.ber/1!'o/5 /)
(0 --c¼ _ ,kcdl '-
Peter Tucker, CJfairman
JO -1'7 · 9< ~ I
Date
cup95-12
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