HomeMy WebLinkAboutPC Reso 10-13 (844 Hermosa, Hot's Kitchen)RESOLUTION 10-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT TO ALLOW A RESTAURANT WITH ON-SALE
BEER AND WINE AND OUTDOOR DINING (HOT’S KITCHEN) IN AN
EXISTING COMMERCIAL BUILDING AT 844 HERMOSA AVENUE,
LEGALLY DESCRIBED AS LOT 23, TRACT NO. 1564, 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 ‘Hot’s Kitchen’ requesting approval of a Conditional Use Permit
Amendment 10-7 to an existing restaurant with on-sale beer and wine, with hours of 7:00 a.m. to 10:00 p.m.
daily and 7:00 a.m. to 12:00 midnight on Federal and State holidays, Cinco de Mayo and St. Patrick’s Day, to
add outdoor dining (by expanding the window openings along the front of the commercial building to create an
open air dining area) and to modify the interior at 844 Hermosa Avenue. Alterations include:
Replacement of a deli/bakery service counter with a “food counter” with 14 seats, and decrease in the
formerly identified ‘patio’ area south of the front door from 30 to 24 seats.
The operable windows in the formerly identified ‘patio’ dining area south of the front door on the
approved plans will be converted to operable garage-style doors creating an ‘open air dining area’. The
barrier between the formerly identified ‘patio area’ and the remainder of the restaurant on the approved
plans is proposed to be eliminated. Windows on the façade north of the front door will also be
converted to operable garage-style doors creating an ‘open air dining area’ encompassing bench seats
adjacent to the garage-style doors.
The kitchen will be enclosed so that doors and windows of the establishment may remain open, without
screens, during operation.
Other minor changes to seating configuration are proposed.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
application for a Conditional Use Permit Amendment 10-7 on August 17, 2010 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
following factual findings:
1. The site is zoned C-2 , Restricted Commercial, which allows on-sale general alcoholic beverages and
outdoor dining with approval of a Conditional Use Permit.
2. The restaurant will occupy 4,365 square feet on the ground floor of an existing 6,383 square foot two-
story commercial building constructed pursuant to a precise development plan approved per Planning
Commission Resolution 96-13.
3. The subject space was most recently occupied by ‘Ken and Kent’s New York Style Deli’ which
operated pursuant to Planning Commission Resolutions 08-26 and 96-13, although improvements for the
approved ‘patio’ dining with enlarged operable windows and barrier segregating the ‘patio’ area from adjoining
seating were never constructed, and Ken and Kent’s vacated the premises in 2009.
4. A Conditional Use Permit and Precise Development Plan was approved in 1996 per Planning
Commission Resolution 96-13 to allow construction of the building and on-sale alcoholic beverages in
conjunction with a restaurant. The CUP was revoked per Planning Commission Resolution 07-15 because the
use permit for alcohol service expired after the closure of the former restaurant. A CUP for a new restaurant
with on-sale beer and wine and ‘patio’ dining was granted by Planning Commission Resolution 08-26,
incorporating relevant conditions in Resolution PC 96-13 as the governing entitlement for the overall building
improvement.
5. The changes to the interior are significant and the amendment is therefore required by Condition 1
of Planning Commission Resolution 08-26. The proposal is consistent with all findings and all conditions of
Planning Commission Resolution 96-13, except as amended or clarified by this proposal and approval.
Section 4. The project is categorically exempt from the provisions of the California Environmental
Quality Act per CEQA Guidelines, Section 15301(a), Class 1, Existing Facilities, because the proposal involves
a change to floor plan to a commercial use within an existing building for essentially the same use, with slightly
decreased seating, all services are available, and no significant impacts are identified.
Section 5. Based on the foregoing factual findings the Planning Commission makes the following
findings that the Conditional Use Permit Amendment will be compatible with and not aversely affect the
surrounding area pursuant to Section 17.40.020 of the Hermosa Beach Municipal Code:
1. The deli/bakery service counter in the 2008 plan will be replaced with a “food counter with alcohol”
with 14 seats. Concerns associated with food counters or ‘bar-type’ settings, relating to increased potential for
disturbances that may be associated with a bar/sports bar atmosphere, are minimal because the operation will
continue to operate as a restaurant, close by 10:00 p.m. on all days (except approved holidays), live
entertainment is not allowed and the project is appropriately conditioned regarding security, and a condition has
been included that televisions be limited to two maximum located at least ten (10) feet east of the front of the
building.
2. Conversion of windows to operable garage-style doors both south and north of the front door will
create an open air dining area which will contribute to a vibrant pedestrian environment. The potential for noise
impacts is reduced since live entertainment is not allowed, and a limit on the number of televisions and similar
media within the establishment is made a condition of approval, in addition to the prohibition on TVs within the
first ten (10) feet of the front of the building. The condition in PC Resolution 96-13 requiring rear doors to be
closed during operating hours to reduce noise impacts is incorporated into this resolution. The staff report
prepared in 2008 also addressed noise concerns from the dining ‘patio’ which faces Hermosa Avenue, noting
that the closest residential uses to the patio on Hermosa Avenue are at 10th Street (a nonconforming use) to the
north and at 8th Street (R-3) to the south with the closest about 250 feet away. Regulating alcohol service and
the closing hour, as well as prohibiting live entertainment was deemed adequate to reduce noise impacts, and
this finding continues to be valid.
3. To address safety impacts and pass-through of alcoholic beverages to people on the sidewalk,
railings are required along the window openings and non-disposable beverage ware is required.
4. Since the barrier that delimited the ‘patio’ area on the 2008 approved plan, which related to the
prohibition on televisions and similar media, will be eliminated, and open air dining will be created, the project
is conditioned upon a maximum of two televisions, to be located at least 10 feet east of the front of the
building.
5. The kitchen will be enclosed so that the doors and windows may be opened without screens. Other
seating will also be rearranged although the open floor plan will be maintained. The area devoted to dining and
seating will not increase, and other than the counter/bar area noted above, the remainder of seating is a mix of
benches and movable chairs.
6. The proposal will continue the same use approved in 2008, and will not add floor area or intensify
the use, and therefore parking is adequately provided in conformity with H.B.M.C. Section 17.52.035.D. ,
“Requirements for buildings nonconforming to parking requirements.”
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Section 6. Based on the foregoing, the Planning Commission hereby approves the request for
Conditional Use Permit Amendment 10-7 subject to the following Conditions of Approval:
1. The use of the restaurant shall be consistent with plans submitted and approved by the Planning
Commission on August 17, 2010. Minor modifications to the plan shall be reviewed and may be
approved by the Community Development Director. Any substantial deviation must be
reviewed and approved by the Planning Commission.
2. All applicable conditions of P.C. Resolution 96-13 are incorporated in this approval by
reference, and include “Specific Conditions of Approval”, numbers 2 through 9 which relate to:
rear building door closure, roll-up door, trash storage area and deliveries, rear parking area
and prohibition of live entertainment and “General operating and standard conditions”
numbers 1 though 8, and 10.
3. General condition 9 of P.C. Resolution 96-13 is amended to allow the windows in the front
building wall north and south of the front door to be modified to large roll-up windows or
‘garage style doors’ to create an open air dining area. A railing 42-inches in height minimum
shall be installed within the window openings south and north of the front door. In addition,
seating throughout the restaurant shall be used strictly for seating and dining, and shall not be
used for other purposes such as a standing or smoking area.
4. The Conditional Use Permit applies exclusively to on-sale beer and wine in conjunction with a
restaurant. For clarification, Specific Condition 9 of Resolution PC 96-13 is revised as follows:
Live entertainment (including amplified music, disc jockeys, live music whether acoustic or
amplified, and live performances of all kinds) and customer dancing is prohibited. Televisions
and amplified music, including speakers shall be prohibited within the first ten (10) feet of the
front of the building. A maximum of two (2) televisions or similar displays shall be permitted in
the remainder of the restaurant. The audio on all televisions or similar displays shall be turned
off between 7:00 a.m. and 9:00 a.m.
5. The permitted hours of operation shall be 7:00 a.m. to 10:00 p.m. daily for all operations of the
restaurant, including the dining patio, with the exception of Federal and State holidays, Cinco de
Mayo, and St. Patrick’s Day. All customers shall vacate the premises by not later than 10:00 pm
(12:00 Midnight on holidays as stated) and the doors shall be locked.
6. The business shall be operated as a bona fide restaurant: the kitchen shall be equipped to prepare
food from its component ingredients whenever the restaurant is open and it shall offer a full-
service lunch and/or dinner menu; food service from the menu shall be available during all hours
that the establishment is open for business; food shall constitute at least 65% of total receipts
computed on a monthly basis.
7. To reduce pass-through of alcoholic beverages to people on the sidewalk, non-disposable beverage
ware shall at all times be used to serve alcoholic beverages.
8. The restaurant with on-sale alcoholic beverage service may be subject to annual review by the
Planning Commission to verify conformance with the Conditions of Approval.
9. The project shall be in conformance with all other applicable City of Hermosa Beach and
regulatory agency requirements and standards, including but not limited to: California
Department of Alcoholic Beverage Control, Los Angeles County Health Department, California
Disabled Access Standards (Government Code Title 24), and Los Angeles County National
Pollutant Discharge Elimination System Permit (NPDES). The runoff from washing and/or
rinsing of restaurant equipment, including floor mats, food preparation utensils and other
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coverings, shall drain internally to the sewer system only; under no circumstances shall site run-
off drain to the stormwater system.
10. The improvements and their operation shall comply with all requirements of the Building, and
Fire Departments. The applicant shall submit a plan for occupant load calculation prior to
issuance of the Certificate of Final Occupancy.
11. The business shall comply in all other respects with Municipal Code Chapter 8.24 (Noise
Control) and noise from the premises shall not constitute a public nuisance.
12. This Conditional Use Permit Amendment encompasses conditions applied to approval of the
establishment in 2008, and Planning Commission Resolution 08-26 is hereby rescinded and is
of no further force and effect.
13. 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 hereafter adopted
that is 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.
14. 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.
15. 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 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
Community Development Department prior to the issuance of a building permit.
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 and enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa
Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any
claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack,
set aside, or void any permit or approval for this project authorized by the City, including (without limitation)
reimbursing the City its actual attorneys fees and costs in defense of the litigation. The City may, in its sole
discretion, elect to defend any such action with attorneys of its choice.
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.
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