HomeMy WebLinkAboutCC 00-6103 (1031 Hermosa)2
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RESOLUTION NO. 00-6103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, SUSTAINING APPROVAL
OF A CONDITIONAL USE PERMIT FOR ON -SALE BEER AND
WINE IN CONNECTION WITH A 405 SQUARE FOOT INDOOR
SEATING AREA AND A 260 SQUARE FOOT OUTDOOR PATIO
SEATING AREA ADDITION TO AN EXISTING RESTAURANT
AT 1031 HERMOSA AVENUE LEGALLY DESCRIBED AS LOTS
16, 17 AND 18, BLOCK 11 IN HERMOSA BEACH TRACT
THE CITY .COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. An application was filed by Alfredo Carrillo, seeking approval for on -sale beer
and wine in connection with a 405 square foot indoor seating area and a 260 square foot outdoor
seating area addition to an existing restaurant;
Section 2. The Planning Commission conducted a duly noticed de novo public hearing to
consider the application for the Conditional Use Permit on September 19, 2000, at which testimony
and evidence, both written and oral, was presented to and considered by the Planning Commission;
Section 3. The City Council conducted a duly noticed de novo public hearing to consider
the appeal of the application for the Conditional Use Permit on October 24, 2000, at which
testimony and evidence, both written and oral, was presented to and considered by the City
Council;
Section 4. Based on evidence received at the public hearing, the Planning Commission
made the following factual findings:
1. The subject restaurant space is approximately 1,080 square feet, with a small
existing seating area, and is being remodeled to accommodate new equipment and female bathroom
facilities.
2. The site is zoned C-2, Restricted Commercial allowing restaurant uses, and on -sale
beer and wine with approval of a Conditional Use Permit. Since the occupancy of the building will
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110)
continue to be used for restaurant purposes there is no intensification of use, and the
reconfiguration of the parking area meets all parking requirements.
Section 5. Based on the foregoing factual findings, the City Council makes the following
findings pertaining to the application to amend the Conditional Use Permit:
1. The site is zoned C-2, and is suitable for the proposed use;
2. The proposed use is compatible with surrounding commercial and residential uses;
3: The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties;
4. This project is Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act.
Section 6. Based on the foregoing, the City Council hereby sustains the approval for the
Conditional Use Permit subject to the following Conditions ofApproval;
1. The project shall be substantially consistent with submitted plans as reviewed by the
Planning Commission on September 19, 2000. Minor interior modifications to the plan shall be
reviewed and may be approved by the Community Development Director.
2. The hours of operation shall be limited to between 7:00 A.M. to 11:00 P.M. on
Sunday through Thursday and 7:00 A.M. to 12:00 midnight on Friday and Saturday.
3. No music is allowed on the patio, and the patio shall close daily at 10:00 P.M.
4. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
5. 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.
6. 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.
7. 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
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problem, and then shall submit a report to the Planning Commission, which will automatically
initiate a review of this Conditional Use Permit by the Planning Commission.
8. 'The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
9. The applicant shall submit a detailed seating and occupancy plan prepared by a
licensed design professional, which shall be approved by the Community Development Department
prior to issuance of building permits. Any significant changes to this interior layout which would
alter the primary function ofthe business as a restaurant shall be subject to review and approval by
the Planning Commission.
10. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
11. A six-month review of the business, after the date of opening, shall be conducted by
the Planning Commission.
Section 7. 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 and enforceable.
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 the State Government Code. 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
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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.
The City Council may review this Conditional Use Permit and may amend the subject
conditions or impose any newconditions if deemed necessary to mitigate detrimental effects on the
neighborhood resulting from the subject use.
Section 8. Based on the foregoing, the City Council hereby sustains approval of a
Conditional Use Permit for on -sale beer and wine in connection with a 405 square foot indoor
seating area and a 260. square foot outdoor seating area addition to an existing restaurant.
PASSED, APPROVED and ADOPTED this 24th day of October, 2000.
PRESIDENT of the Ci'ouncil and YOR of the City of Hermosa Beach, California
ATTEST:
City Clerk
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APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California,
do : hereby certify that the . foregoing Resolution No. 00-6103 was duly and
regularly passed, approved and adopted by the City Council of the City of
Hermosa. Beach at a Regular Meeting of said Council at the regular place thereof
on October 24, 2000.
The vote was as follows:
AYES:
NOES:
ABSTAIN:
ABSENT:
Dated:
Bowler, Edgerton , Oakes
Dunbabin, Mayor Reviczky
None
None
November 9, 2000
E acne Doerfling, City Cle