HomeMy WebLinkAboutPC Resolution 94-14 - (439 Pier Ave)Resolution 904
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2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA,APPROVING A PARKING PLAN AND CONDITIONAL USE
3 PERMIT TO ALLOW AN EXPANSION OF AN EXISTING RESTAURANT, ON-
SALE BEER AND WINE,AND TANDEM PARKING AND AN ENVIRONMENTAL
4 NEGATIVE DECLARATION AT 439 PIER AVENUE AND LEGALLY DESCRIBED
5 AS LOTS 26 AND 27,HISS' ADDITION TO HERMOSA BEACH TRACT.
6 WHEREAS, the Planning Commission held a public hearing on May 17, 1994 to
receive oral and written testimony regarding this matter and made the following findings:
A. The applicant is requesting a parking plan and conditional use permit to allow an ;
8 expansion of an existing restaurant, on-sale beer and wine, andtandemparking.
9 B. The proposed use is compatible with surrounding commercial and residential uses; and
10 C. The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties
l i D. Less than the required parking is justifiied for this expanded business, pursuant to
12 Section 1169, Parking Plans, as adequate parking is already available for customers for
the following reasons:
13 1.The location of the business is within walking distance of two public parking lots
14 and a substantial portion of its customers arrive on foot or bicycle.
15 2.The adjacent right-of-way has sufficient night time public parking.
16 3.The use of tandem parking in the rear of the business will result in 8 spaces beingavailableforcustomersandemployees.
17 NOW, THERFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
18 THE CITY OF HERMOSA BEACH, DOES HEREBY APPROVE THE PARKING
PLAN AND CONDITIONAL USE PERMIT SUBJECT TO THE FOLLOWING:
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SECTION 1. Specific Conditions of Approval:
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1. The project shall be substantially consistent with submitted plans. Modifications to the21plansshallbereviewedandmaybeapprovedbythePlanningDirector.
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2. Bicycle racks and location shall be provided to the satisfaction ofthe Planning Director.
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24 3. The hours of operation shall be limited to between 8:00 A.M. and 2:00 AM-daily—
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SECTION 2. General Operating and-Standard Conditions:
27 1. The establishment shall not adversely effect the welfare of the residents and/or
commercial establishments nearby. 28
29 2. The business shall provide adequate staffing , management and supervisory techniques
to prevent loitering, unruliness, and boisterous activities of the patrons outside the -
business.
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1 3. Noise emanating from the property shall be within the limitations prescribed by the city's
2 noise ordinance and shall not create a nuisance to surrounding residential
neighborhoods, and/or commercial establishments.
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a.Windows and doors shall remain closed during operating hours past 10:00 P.M.
4 if complaints regarding noise are received.
5 4. Signs shall be posted in a conspicuous location warning patrons ofthe illegality of open
alcoholic containers in any public areas such as the public sidewalk and beach.
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5. A manager or employee who is aware of the conditions of this conditional use permit
7 shall be on the premises during business hours.
8 a.The conditional use permit conditions shall be placed on the property in a
9 location where employees can easily read the conditions.
10 6. All alcoholic beverages shall be served in non-throw-away glass containers, including
beer and wine.
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7. The police chief may determine that a continuing police problem exists, and may
12 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
13 will automatically initiate a review of this conditional use permit by the Commission.
14 8. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
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16 9. Any significant changes to the layout which would alter the primary function ofthe
business shall be subject to review and approval by the Planning Commission.
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10. This conditional use permit is issued exclusively for and as long as the premises remains
18 a restaurant; a minimum of sixty five (65) percent of the total gross sales, computed
monthly, shall result from the sale of prepared food.
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The city shall have the right during business hours upon 15 days notice to inspect the
20 books and records of the applicant to determine the gross sales of food and/or the gross •
sales of alcoholic beverages. Upon request at the time the City inspects the books and21recordsoftheapplicant, the applicant shall also submit to the City copies of all records
22 submitted to the State Board ofEqualization for purposes ofcomputing sales tax.
Applicant gives the right to the City to review the records of the State Board of
2 3 Equalization for the purpose of verifying the applicants books and records, with the
understanding that these reviews are confidential.
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11. Any violation ofthe conditions of approval-and/or violation of the Hermosa Beach
25 Municipal Code may be grounds for a public hearing for revocation of the conditional
use permit.
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28 SECTION 3
2 9 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 Department of Planning their affidavits stating
that they are aware of, and agree to accept, all of the conditions of this grant.
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1 The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to
2 the Planning Department.
3 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
5 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
6 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
7 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,
8 indemnify, or hold harmless the City.
9 The permittee shall reimburse the City for any court and attorney's fees which the City may be
10 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
11 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.
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The subject property shall be developed, maintained and operated in full compliance with the
13 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
14 development or activity not in full compliance shall be a violation ofthese conditions.
15 SECTION 4
16 The Planning Commission may review this Conditional Use Permit and may amend the subject
17 conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on
the neighborhood resulting from the subject use.
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19 VOTE: AYES: Comms. Dettelbach, Di Monda, Marks, Suard, Chmn. Merl
NOES: None
20 ABSTAIN: None
21 ABSENT: None
22 CERTIFICATION -
23 I hereby certify that the foregoing Resolution P.C. 94-14 is a true and complete record of the
24 action taken by the Planning Commission ofthe City ofHermosa Beach, Calif iia_at their
regular me- 'ng of ay 17, 19.4.
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27 Rod Merl Chairman/ Michael Schubach, Secretary
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29 Date
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