HomeMy WebLinkAboutPC 96-22 (1433 Hermosa Ave)1
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P.C. RESOLUTION NO. 96-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
ADDITIONAL OUTSIDE DINING IN CONJUNCTION WITH AN EXISTING
RESTAURANT AND ENCROACHMENT INTO THE PUBLIC RIGHT-OF-WAY AND
ADOPTION OF AN ENVJRONMENTAL NEGATIVE DECLARATION AT 1433
HERMOSA A VENUE, LEGALLY DESCRIBED AS LOTS 15, 16, 17 & 18, BLOCK 15,
HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on May 21, 1996, to receive
oral and written testimony regarding this matter and made the following findings:
A The applicant is requesting a conditional use permit to allow added outside dining or 525
square feet and encroachment into the public right of way,
B.
C.
D.
E.
The site is zoned C-2, Restricted Commercial, and is currently developed with a snack shop
and a restaurant, and is suitable for the existing use with the added outside dining;
The proposed use is compatible with surrounding commercial and residential uses;
The imposition of conditions as required by this resolution will mitigate any negative impacts
on nearby residential or commercial properties;
No additional parking is required for this building site as 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, as recently amended, development in the
DED on building sites greater than 10,000 are required to provide 65% of parking required by
Section 1152, 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 tq 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
weekends, and no more than 24,063 square feet of commercial development has
received Coastal Development Permits since the study
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F.
G.
1.
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Further, the snack shop use on the site is not subject to full parking requirements for a
restaurant pursuant to Section 1152(0), and parking is more appropriately calculated based
on a commercial retail
The Planning Commission concurs with the Staff Environmental Review Committee's
recommendation, based on their environmental assessment/initial study, that this project will
result in a less than significant impact on the environment, and therefore qualifies for a
Negative Declaration
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A CONDITIONAL USE
PERMIT TO ALLOW OUTSIDE DINING , SUBJECT TO THE FOLLOWING
CONDITIONS
The project shall be substantially consistent with submitted plans. Modifications to the
plan shall be reviewed and may be approved by the Community Development Director.
Parking lot improvements shall be as shown on the submitted plans, and shall include re-
surfacing of the parking lot. A minimum of nine (9) trees shaH be planted in the 5-foot
wide strip located along the west property and shall be minimum 24" box size, with type
to be approved by the Community Development Director, and the 5 '-wide strip shall be
supplemented with low level landscaping to the satisfaction of the Community
Development Director.
A minimum of two tress shall be planted on both the Hermosa Avenue and 15th Street
frontages in the sidewalk to match the type of trees to be planted in the downtown district,
to the satisfaction of the Community Development Director.
Outside dining and occupancy of the patio shall not be permitted past 9:00 P.M.
Bicycle racks shall be provided to the satisfaction of the Community Development
Director.
Any significant changes to the layout which would alter the primary function of the uses
on the site shall be subject to review and approval by the Planning Commission.
Any violation of the conditions of approval and/or violation of the Hermosa Beach
Municipal Code may be grounds for a public hearing. for revocation of the conditional use
permit. · · ·
The project and operation of the business shall comply with all applicable requirements of
the Municipal Code, including Sections 29-31 through 29-41 regarding encroachment into
the public right-of-way.
A railing shall be installed around the outside dining areas to separate the seating areas
from the public sidewalk to the satisfaction of the Community Development Director. The
railing the east of the common outside seating area, as shown on submitted plans, include
openings to provide pedestrian access from the sidewalk to both eating establishments.
SECTION III
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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 Department of Planning 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
Planning 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 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.
SECTION IV
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:
NOES:
ABSENT:
ABSTAIN:
Comms.DiMonda,Perrotti, Chmn. Tucker
None
Chmn.Dettelbach,Merl
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 96-22 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their re 2ee0 y 21, 1996.
29 ft-ra-9?
Date
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