HomeMy WebLinkAboutPC 98-24 (837 Hermosa Ave)l
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P.C. RESOLUTION 98-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW ON-
SALE GENERAL ALCOHOL, AND ENCROACHMENT INTO THE
PUBLIC RIGHT-OF-WAY FOR OUTDOOR DINING, IN
CONJUNCTION WITH A RESTAURANT AND ADOPTION OF A
MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION AT
837 HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOT 17,
BLOCK 9, HERMOSA BEACH TRACT
The Planning Commission hereby resolves and orders as follows:
Section 1. An application was filed by John Bowler, seeking approval of an amendment
to an existing Conditional Use Permit to extend the allowable hours for use of the public right-
of-way encroachment area for outdoor dining.
Section 2. The Planning Commission conducted a duly noticed de novo public hearing
to consider the application for a Conditional Use Permit May 19, 1998, 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 business is currently operating under the terms of a Conditional Use Permit
approved in 1995, for on-sale alcohol in conjunction with a restaurant and outdoor seating in
the encroachment area (P.C. Resolution 95-15).
2. The conditions of said Conditional Use Permit, in effect since 1989, limit the
operating hours of the business to between 7:00 AM. and 2:00 AM. and limit the use of the
outdoor dining area to no later than 9:00 P.M.
3. The applicant proposes to extend the allowable hours for the outdoor patio to 10:00
P.M., Sunday through Thursday, and to 11 :00 P.M. on Fridays and Saturdays.
4. The restaurant is located on the south side of ninth street, a walk street, with the
outdoor seating area located within a City encroachment area in the 9th Street right-of-way.
The property is zoned C-2, with commercial uses located on commercially zoned property to
the north and east, and residential uses on residentially zoned property located to the west.
5. Encroachment into the public right-of-way for commercial outdoor dining is permitted
pursuant to Section 12.16.090.
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Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for the Conditional Use Permit Amendment:
1. The private portion of the site is zoned C-2 and has been a restaurant for over 23
years, and the adjacent outdoor patio, located in a City encroachment area, has been used in
conjunction therewith for over 16 years, and the restaurant and adjacent encroachment area are
suitable for continued use including the proposed outdoor dining use with extended nighttime
hours;
2. The proposed outdoor use with extended hours is compatible with surrounding
commercial and residential uses, and similar to other outdoor uses in the City, and the
imposition of conditions as required by this Resolution will mitigate any noise impacts on nearby
residential or commercial properties;
3. The Planning Commission concurs with the Staff Environmental Review
Committee's recommendation, based on their environmental assessment/initial study, that the
extension of outdoor dining hours, with the mitigating conditions included in the conditions
of the Conditional Use Permit, will result in a less than significant impact on the
environment, and therefore qualifies for a Negative Declaration.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
Conditional Use Permit, as amended, for on-sale alcohol and outdoor dining, located in a City
encroachment area, in conjunction with a restaurant subject to the following Conditions of
Approval which supersede the conditions contained in P.C. Resolution 95-15:
Specific Conditions of Approval
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5.
The development and continued use of the property shall be in conformance with
submitted plans. Modifications to the plan shall be reviewed and may be approved
by the Community Development Director.
The hours of operation shall be limited to between 7:00 A.M. and 2:00 A.M. daily.
The use the outdoor patio shall be limited to between 7:00 A.M. and 10:00 P.M.
Sunday through Thursday, and between 7:00 A.M. and 11:00 P.M. Friday and
Saturday
A minimum 5-foot high solid barrier (as measured from finished floor level) shall
be installed and maintained around the north and west sides of the outdoor dining
area to mitigate noise impacts from the outdoor dining, subject to approval of the
Public Works Director and Community Development Director.
No recorded music or amplified music is allowed on the patio.
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6. Existing bicycle parking shall be maintained to the satisfaction of the Community
Development Director.
General Operating and Standard Conditions:
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The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
The business shall prevent loitering, unruliness, and boisterous activities of the
patrons outside the business, or in the immediate area.
The Police Chief may determine that a continuing police problem exists and may,
subject to the review of the Planning Commission, direct the presence of a police
approved doorman and/or security personnel to eliminate the problem. If the
problem persists the Police Chief then shall submit a report to the Planning
Commission, which will automatically initiate a review of this Conditional Use
Permit by the Commission.
The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
Any changes to the interior or exterior layout which alter the primary function of
the restaurant shall be subject to review and approval by the Planning
Commission.
The operation of the business and the use and operation of the outdoor dining area
shall comply with all applicable requirements of the Municipal Code including
Chapter 12.16 regarding encroachment into the public right-of-way.
Section 6 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 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 an 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
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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 not 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
VOTE: AYES:
NOES:
ABSENT:
ABSTAIN:
Comms. Perrotti, Merl, Pizer, Chmn. Tucker
None
Comm. Schwartz
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 98-24 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular . ofZyr-!-99
Peter Tucker, C ·
Date (L-Jft -9/2
22 f:/b95/cd/pc/5-19-98/cupr837
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