HomeMy WebLinkAboutPC 97-72 (1139-1141 Aviation Blvd)1
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P.C. RESOLUTION 97-72
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT, AS AMENDED, FOR EXPANSION
TO AN EXISTING RESTAURANT ("STEAK-OUT") WITH ON-SALE
BEER AND WINE AND TO ADD LIVE ENTERTAINMENT AND
OUTSIDE SEATING AT 1139-41 AVIATION BOULEVARD; AND
APPROVING A PARKING PLAN, AS AMENDED, ALLOWING SAID
EXPANSION AND CHANGE OF USE TO AN EXISTING GENERAL
RETAIL SPACE IN THE" SHOPPING CENTER AT THE
NORTHEAST CORNER OF PROSPECT AVENUE AND AVIATION
BOULEVARD, LEGALLY DESCRIBED AS A PORTION OF LOT 7,
BLOCK 88, SECOND ADDITION TO HERMOSA BEACH TRACT
Section 1. An application was filed by Lindsay and Francine Webber, seeking approval
to expand their existing restaurant, "Steak-Out," with on-sale beer and wine by 1050 square feet
into the existing adjacent general retail space and to add live entertainment, requiring
amendment to their existing Conditional Use Permit for on-sale beer and wine and amendment
to the Parking Plan for the Shopping Center to allow additional restaurant space without
additional parking.
Section 2. The Planning Commission conducted a duly noticed de novo public hearing
to consider the application to amend the Conditional Use Permit and Parking Plan on December
2, 1997, 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 existing 775 square foot restaurant with on-sale beer and wine has been in
operation for about 1 year, without any complaints or incidents.
2. The proposed addition includes 920 of interior space and a 180 square foot outside
seating area, in the adjacent space which most recently was occupied by a retail market.
3. The shopping center currently contains approximately 48,700 square feet of various
commercial uses, of which approximately 6685 square feet is used for restaurant purposes, and
includes and "anchor" retail tenant ("Pie & Save") which accounts for over 24,000 square feet,
and 191 parking spaces are available in common for all tenants.
4. The site is zoned C-3 allowing a variety of commercial uses.
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 and
Parking Plan:
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I. The site is zoned C-3, and 1s suitable for the proposed use with the proposed
amendment;
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. The parking demand resulting from change of use of a portion of the shopping
center from general retail to a restaurant can be absorbed in the large parking facility that exists
at the shopping center; ·
5. The Shopping Center will contain a minimum of 191 parking spaces to provide the
minimum ratio of 1 per 250 square feet of floor area;
• 6. Calculating parking requ~rements for the proposed use within a large shopping
center at 1 per 250 square feet is acceptable under the terms of Section 17.44.220, Consolidated
Off-Street Parking, as the proposed project results in only a small percentage increase in the
proportion of commercial ·space used for restaurant purposes, resulting in a total percentage of
restaurant use of approximately 16 .5%;
7. This project is Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
requested amendments to the Conditional Use Permit and Parking Plan, subject to the following
Conditions of Approval, which supersede the conditions contained in Resolution 96-30:
SPECIFIC CONDITIONS OF APPROVAL-PARKING PLAN
20 1. The proposed restaurant expansion shall be substantially consistent with submitted
plans, and all other existing restaurants within the shopping center shall be
maintained consistent with the current approved plans of file with the City.
Modifications to any of the plans shall be reviewed and may be approved by the
Community Development Director.
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A minimum of 191 parking spaces shall be provided and striped in the shopping
center parking lot.
Existing landscaping at the shopping center shall be maintained.
21 GENERAL OPERATING AND STANDARD CONDITIONS -CONDITIONAL USE
PERMIT:
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The hours of operation, including live entertainment, shall be limited to between
7:00 A.M. and 12:00 Midnight Sunday through Thursday and between 7:00 A.M.
and 1:00 A.M. Friday and Saturday. The hours for outside seating shall be limited
to between 7:00 A.M. and 10:00 P.M, daily.
The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
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.
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.
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
Commission.
The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
Any significant changes to the 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.
The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
21 CONDITIONS RELATING TO LIVE ENTERTAINMENT AND NOISE:
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If entertainment is to include amplified live entertainment, an acoustical study
shall be reviewed and approved by the Community Development Director and
shall be implemented in the building.
Management shall be responsible for maintaining music/entertainment volumes at
reasonable levels.
During any live entertainment and/or dancing, the exterior doors and windows
shall remain closed. The building shall be equipped with air conditioning to
ensure comfort of patron during live entertainment, and compliance with this
condition.
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No amplified music or entertainment of any kind shall be permitted in the outside
seating area.
All exterior glass windows or doors shall be equipped with double-pane glass or a
comparablP. subst.itute with equivalent sound dampening properties to the
satisfaction of the Community Development Director
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. Noise emanating
from the property shall be monitored to verify compliance with the noise
ordinance in response to any complaints.
Section 6. 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 sta~ing that they are aware of, and agree to accept, all of
the conditions of this grant.
The Conditional Use Permit Amendment and Parking Plan Amendment 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 Government Code Section 65907. 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.
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The Planning Commission may review this Conditional Use Permit and may amend the subject
conditions or impm,e any new conditions if deemed necessary to mitigate detrimental effects on
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VOTE: AYES:
NOES :
ABSENT:
ABSTAIN:
Comm. Perrotti, Schwartz, Pizer, Chmn.Tucker
None
Comm. Merl
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 97-72 is a true and complete record of the action
tak:~ the Planning Commission of the City of Hermosa Beach, California, at their regular 7?,ofDiT , 1997.
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Peter Tucker, hairman
Date f~O ··9£f
pprsl139
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