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HomeMy WebLinkAboutPC Reso 10-3 (1221-27 Hermosa, Sushi Sei) 1 RESOLUTION NO. 10-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA DENYING A CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE FROM 11:00 A.M. TO 12:00 MIDNIGHT DAILY IN CONNECTION WITH A RESTAURANT WITHIN A 2,479 SQUARE FOOT SPACE WITHIN THE “BIJOU BUILDING” AND A PARKING PLAN ON THE BASIS THAT RESTAURANT USE IS MORE PARKING INTENSIVE THAN THE PREVIOUS AUDITORIUM AND PUBLIC ASSEMBLY USES AT 1221-1227 HERMOSA AVENUE, LEGALLY DESCRIBED AS LOTS 14,15,16,17 LOT 18 BLOCK 13, HERMOSA BEACH TRACT, 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 Sushi Sei, C/O Otto Palmer & Joseph Di Monda, for a Conditional Use Permit to allow on-sale beer and wine from 11:00 a.m. to 12:00 midnight daily in connection with a restaurant within a 2,479 square foot space and Parking Plan to determine that restaurant use is not more intensive than the previous auditorium and public assembly uses (art gallery/theater) with respect to parking within the central tenant space of the “Bijou Building” facing Hermosa Avenue, at 1221-1227 Hermosa Avenue. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Conditional Use Permit 10-1 and Parking Plan 10-1 on February 16, 2010 at which time testimony and evidence, both written and oral, were presented to and considered by the Planning Commission. Section 3. Based on the evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The applicant proposes to relocate an existing restaurant with on-sale beer and wine to a new location that was previously used as a theater and subsequently as an art gallery. The proposed hours of operation are 11:00 a.m. to 12:00 midnight and the applicant’s plans state that seating for 112 customers will be provided. 2. The applicant proposes to establish a restaurant with on-sale beer and wine without providing any off-street parking on the basis that parking for the proposed restaurant use (one space per 100 square feet of gross floor area) is not more intensive than the pre-existing uses (theater and art gallery) which were parked at the auditorium/public assembly standard (one space per 50 square feet of gross floor area or one space per five seats in the auditorium), and therefore a parking reduction is merited. 3. The City’s Zoning Ordinance requires a Conditional Use Permit to operate an on-sale establishment in conjunction with a restaurant open later than 10:00 p.m. in the C-2 zone and a Parking Plan to allow less than 25 off-street parking spaces for a restaurant within a 2,479 square foot tenant space. Section 4. Based on the foregoing findings, the Planning Commission makes the following findings pertaining to the application for Conditional Use Permit 10-1, pursuant to Subsections H, I, J, and K of Section 17.40.020 and Subsection A of Section 17.40.080 of the Municipal Code: 1. The proposed use is inconsistent with the City Council’s policy of limiting concentration or intensification of on-sale establishments in the downtown and upper Pier Avenue. 2. The proposed business would increase the number and concentration of on-sale establishments open later than 10:00 p.m. in the downtown and Pier Plaza areas as detailed in the February 16, 2010 Staff Report, and on-sale establishments including restaurants open in the late evening after the typical dinner hour tend to assume the character of bars and contribute to cumulative impacts such as disturbances, noise, and impacts to surrounding uses. 3. Because the proposed use could add 100 persons or more to the downtown in the late evening, it will contribute to cumulative impacts associated with the over-concentration of on-sale alcohol establishments in the area, and conditions to fully mitigate these impacts have not been identified.