HomeMy WebLinkAboutPC 96-13 (844 Hermosa Ave)1
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P.C. RESOLUTION NO. 96-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING AN ENVIRONMENTAL NEGATIVE
DECLARATION, CONDITIONAL USE PERMIT, AND PRECISE DEVELOPMENT
PLAN TO ALLOW ON-SALE, BEER AND WINE, AND CONSTRUCTION OF A
PROPOSED RESTAURANT AT 844 HERMOSA AVENUE, AND LEGALLY
DESCRIBED AS LOTS 23, AND 24, OF TRACT NO 1564.
WHEREAS, the Planning Commission held a public hearing on February 20, 1996 to
receive oral and written testimony regarding this matter and made the following findings:
A. The site is zoned C-2, Restricted Commercial, and the proposed development and use are
consistent with the standards of said zone;
B. The proposed use is compatible with surrounding commercial uses;
C. The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties;
D The parking required for this development is zero for that portion of the project equal to a
F.A.R. 1: 1 and 65% of the parking requirement for that portion over 1: 1, since it is
located within the Downtown Enhancement District (DED), and pursuant to Section
1152.5 of the Zoning Ordinance and pursuant to the Certified Coastal Land Use Plan, the
reduced requiered parking is supported by the following findings :
1. Fewer than 96,250 square feet of commercial development, including new
buildings, expansions, and/or intensification of uses in the DED has received a
Coastal Development Permit since November 1, 1994.
2. There is currently adequate parking to support the development and to provide
adequate beach parking.
3. A parking study recently completed for the downtown show the occupancy of the
parking spaces in the downtown is 90% or less during daylight hours on summer
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weekends, and no more than 24,063 square feet of commercial development has
occurred since the study.
The Staff Environmental Review Committee has prepared an environmental assessment
0and determined that the project, with mitigation measures incorporated to reduce off-site
impacts results in less than significant impact on the environment, and therefore qualifies
for a mitigated negative declaration.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE ON-SALE ALCOHOL
BEER AND WINE, IN CONJUNCTION WITH THE CONSTRUCTION OF A
RESTAURANT, SUBJECT TO THE FOLLOWING CONDITIONS:
12 SECTION I Specific Conditions of Approval
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2.
3.
4.
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8.
The development and continued use of the property shall be in conformance with
submitted plans. Modifications to the plans shall be reviewed and may be approved by
the Community Development Director.
The rear door, emergency exit, facing the alley shall remain closed at all times during
business hours, and shall be equipped with panic hardware including an alarm and a self
closing door mechanism; equipment shall be maintained in operational order at all times.
The rear roll-up door shall be maintained closed at all times except during deliveries, and
trash pick-up.
Storage of trash bins or cans outside of the designated trash bin storagearea shown on
submitted plans is prohibited.
Odor elimination equipment shall be installed for the trash bin area; venting untreated air
from this room shall be prohibited.
Deliveries to the rear doors on Palm Dr. shall be prohibited between 9:00 PM and 9:00
AM.
Use of the rear parking shall be for employees only; Signs shall be installed restricting
parking to employee use.
A bicycle rack for a minimum of 6 bikes shall be provided; location shall be reviewed and
approved by the Community Development Director.
9. Live entertainment is prohibited
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SECTION II General operating and standard conditions:
1. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments in the vicinity.
2. The business shall prevent loitering, unruliness, and boisterous activities of the patrons
outside the business, or in the immediate area.
3. 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 and then shall submit a report
to the Planning Commission, which will automatically initiate a review of this Conditional
Use Permit by the Commission.
4. The exterior of the premises shall be maintained m a neat and clean manner, and
maintained free of graffiti at all times.
5. Any changes to the interior layout which alter the primary use of the restaurant space shall
be subject to review and approval by the Planning Commission.
6. The project and operation of the business shall comply with all applicable requirements of
the Municipal Code.
7. The business shall participate in the City's downtown parking validation program, providing
validations for parking in public lots for no less than two hours.
8. 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.
9. The building shall be equipped with acoustic features to maximize sound proofing which
shall include the use of double-pane windows or an equivalent and the installation of air
conditioning so that windows and doors can remain closed during performances.
a. The lanai windows shall remain closed during all performances and when any form of
music is playing.
10. The project shall comply with the requirements of the Public Works Department.
SECTION ID
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.
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Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court oflaw, 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
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 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.
l6 VOTE: AYES: Comms. Dettelbach, DiMonda, Merl, Perrotti, Chrmn. Tucker
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NOES: none
ABSTAIN: none
ABSENT: none
CERTIFICATION
I hereby certify that the foregoing Resolution P;C. 96-13 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
re eeting of Fe ruary 20, 1996.
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