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HomeMy WebLinkAboutPC Reso 12-18 (1139-41 Aviation, Suzy's) Approval1 P.C. RESOLUTION NO. 12-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW MINOR MODIFICATIONS TO THE FLOOR PLAN IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH LIVE ENTERTAINMENT, OUTSIDE SEATING, AND A PARKING PLAN, AS AMENDED AT 1139-1141 AVIATION BOULEVARD, “SUZY’S BAR AND GRILL,” LEGALLY DESCRIBED AS PART OF LOT 7, BLOCK 88 OF SECOND ADDITION TO HERMOSA BEACH, HERMOSA HEIGHTS TRACT, CITY OF HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by The Horowitz Group, 1141 Aviation Boulevard, seeking approval of, and amendment to, a Conditional Use Permit by changing from beer and wine to on-sale general alcoholic beverage together with minor floor plan modifications. No other changes are proposed. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Conditional Use Permit Amendment 12-4 on June 19, 2012 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. Based on the testimony and evidence received, the Planning Commission makes the factual findings as relates to the request to modify the floor plan: A. The site is located at 1139-1141 Aviation Boulevard, within the City of Hermosa Beach and is zoned C-3, which allows on-sale alcoholic beverages with approval of a Conditional Use Permit. B. The existing restaurant with beer and wine, live entertainment, and outside seating is operating under a Conditional Use Permit issued in 1997. P.C. Resolution 96-30 approved a CUP for on- sale beer and wine in conjunction with a restaurant and a Parking Plan to allow less than required parking under the consolidated parking rate in shopping centers exceeding 10,000 square feet. P.C. Resolution 97-72 approved an amendment to the CUP for expansion of floor area, live entertainment, and outside seating for eight people. C. Current operating hours are 12:00 p.m. to 12:00 a.m. Sunday through Thursday and 12:00 p.m. to 1:00 a.m. Friday and Saturday. The CUP approved in 1994 allows the restaurant to operate from 7:00 a.m. to 12:00 a.m. Sunday through Thursday, 7:00 a.m. to 1:00 a.m. Friday and Saturday, and outside seating is limited to 7:00 a.m. to 10:00 p.m. daily. D. There are currently two establishments with beer and wine within the shopping center. One establishment closes at 10:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday Saturday (Gu Gu Sushi), and one establishment closes at 12:00 a.m. daily (Akbar Indian Cuisine). E. The 1997 approved floor plan allows 48 seats, and the approved occupant load is 68 interior and 8 on the outdoor patio. The plans propose a total of 54 seats inside, and no change to exterior seating. No change to occupant load is proposed. F. Adjoining neighbors submitted correspondence opposing the concurrent proposed change to general alcohol on the basis of late night noise from music, including leaving the doors open, 2 noise associated with use of the outdoor patio, motorcycles revving in the parking lot, use of alcohol, and traffic and disturbances in the parking lot, and said request was denied by the Planning Commission per PC Resolution 12-12 adopted August 21, 2012. The proposed modifications to the floor plan are not directly related and will not exacerbate those stated impacts. G. This approval is conditioned upon full compliance with all Conditions of Approval set forth in Planning Commission Resolution 97-72. Section 4. Based on the foregoing factual findings the Planning Commission finds the proposed floor plan changes will not adversely affect the surrounding residential and other uses the environment, or provision of services pursuant to Sections 17.40.020 and 17.40.080 of the Municipal Code, because Suzy’s Bar and Grill is not a stand-alone structure and is located within the ‘Big Lots’ shopping center along a main commercial arterial (Aviation Boulevard), and the proposed changes will not intensify the existing use, or reduce the the emphasis on restaurant use, or increase focus on live entertainment or use of alcoholic beverages. Section 5. The project is Categorically Exempt from the California Environmental Quality Act pursuant to Section 15301(a) of the CEQA Guidelines because the proposal involves only minor changes to the floor plan of an existing use, and such changes will not alter the type, scale, or intensity of use. Section 6. Based on the foregoing, the Planning Commission hereby approves the Conditional Use Permit Amendment, limited to alterations to the floor plan, subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans received and reviewed by the Commission at its meeting of August 21, 2012. Minor modifications that do not affect the type, scale or intensity of use shall be reviewed and may be approved by the Community Development Director. 2. All requirements and conditions of Planning Commission Resolution 97-72 shall remain in full force and effect except as modified herein. Condition 16 shall be fully complied with. 3. If a review of this Conditional Use Permit occurs, the Planning Commission may amend the above conditions and/or impose any new conditions deemed necessary to mitigate detrimental impacts on the environment or neighborhood arising from use of the premise. 4. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least sixty (60) days prior to the expiration date. No additional notice of expiration will be provided. Section 7. 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 Amendment shall be recorded and proof of recordation shall be submitted to the City of Hermosa Beach.