HomeMy WebLinkAboutPC 00-53 (1031 Hermosa)5
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P.C. RESOLUTION 00-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING 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 LOT 16, 17 AND 18, HERMOSA BEACH TRACT
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. Based on evidence received at the public hearing, the Planning Commission
makes 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 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 4. Based on the foregoing factual findings, the Planning Commission 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 ofthe California
Environmental Quality Act.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
Conditional Use Permit subject to the following Conditions of Approval;
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
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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 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.
The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
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 of the
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 6. This grant shall not be effective for any purposes until the permittee and the
owners ofthe 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.
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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 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 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.
VOTE: AYES: Hoffman, Kersenboom, Tucker, Chairman Perrotti
NOES: Pizer
ABSENT: None
ABSTAIN: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 00-53 is a true and complete record ofthe action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
meet ng of September 19, 2000.
am Perrotti, Chairman _
7,7000
Cupr00-6
Sol Blume e d, Secretary