HomeMy WebLinkAboutPC 96-30 (1141 Aviation Blvd)1
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P.C. RESOLUTION 96-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING MASTER CONDffiONAL
USE PERMIT FOR ON-SALE ALCOHOL, BEER AND WINE, AND A
PARKING PLAN, THEREBY ALLOWING A FIFTH RESTAURANT
("STEAK ou:ra~~T 1141 AVIATION BOULEVARD IN THE SHOPPING
CENTER AT NORTHEAST CORNER OF PROSPECT AVENUE AND
AVIATION BOULEVARD LEGALLY DESCRIBED AS A PORTION OF LOT
7, BLOCK 88, SECOND ADDffiON TO HERMOSA BEACH TRACT
WHEREAS, the Planning Com.mission held a public hearing on August 20, 1996, to
receive oral and written testimony on this matter and made the following Findings:
A. The _parking demand resulting from change of use of a portion of the shopping
center from general retail to a restaurant can be absorbed m the large parking facility
that exists at the shopping center;
B. The Center will contain a minimum of 191 parking spaces to provide the minimum
ratio of 1 per 250 square feet of floor area;
C. Calculating parking requirements for the proposed use within a large shopping
center at l per 250 square feet is acceptable under the terms of Section 1170
Consolidated Off-Street Parking;
D. Any impact caused by approval of the Parking Plan will be mitigated by the
imposed Conditions of Approval;
E. This project is Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED that the Planning cmmission of the City
of Hermosa Beach, California, does hereby aJ?prove the requested amendment to the
Conditional Use Permit and Parking Plan subJect to the following conditions-which
supersede the conditions contained in Resolution P .C. 95-20, 92-49, and 87-41:
SECTION I Specific Conditions of Approval
1. The proposed fifth restaurant, Steak Out, shall be substantially consistent with submitted
plans, and the existing restaurants 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.
a. Bars are prohibited at the restaurants at 1103 and 1141 Aviation.
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2. The hours of operation shall be limited to between 7:00 AM. and 12:00 Midnight. daily.
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3 SECTION II General operating and standard conditions:
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The establishments shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
The businesses serving alcohol 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.
For on-sale alcohol businesses, 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 layouts which would alter the primary function of
the restaurants serving alcohol shall be subject to review and approval by the Planning
Commission.
The project and operation of all the business shall comply with all applicable requirements
of the Municipal Code.
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A minimum of 191 parking spaces shall be provided and striped in the shopping lot
parking lot.
Existing landscaping at the shopping center shall be maintained, and an accurate plan
depicting the landscaping shall be submitted for review and approval by the Community
Development Director.
8 SECTION III
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10 This grant shall not be effective for any purposes until the permittee and the owners of the
11 property involved have filed a the office of the Planning Division of the Community Development
12 Department their affidavits stating that they are aware of, and agree to accept, all of the
13 conditions of this grant.
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15 The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the
16 Community Development Department.
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18 Each of the above conditions is separately enforced, and if one of the conditions of approval is
19 found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
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21 Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees
22 from any claim, action, or proceeding against the City or its agents, officers, or employee to
23 attack, set aside, void or annul this permit approval, which action is brought within the applicable
24 time period of Government Code Section 65907. The City shall promptly notify the permittee of
25 any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails
26 to promptly notify the permittee of any claim, action or proceeding, or if the City fails to
21 cooperate fully in the defense, the permittee shall no thereafter be responsible to defend,
28 indemnify, or hold harmless the City.
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The pennittee shall reimburse the City for any court and attorney's fees which the City may be
2 required to pay as a result of any claim or action brought against the City because of this grant.
3 Although the pennittee is the real party in interest in an action, the City may, at its sole discretion,
4 participate at its own expense in the defense of the action, but such participation shall not relieve
5 the pennittee of any obligation under this condition.
6 The subject property shall be developed, maintained and operated in full compliance with the
7 conditions of this grant and any law, statute, ordinance or other regulation applicable to any
8 development or activity on the subject property. Failure of the pennittee to cease any
9 development or activity not in full compliance shall be a violation of these conditions.
10 The Planning Commission may review this Conditional Use Pennit and may amend the subject
11 conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on
12 the neighborhood resulting from the subject use.
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14 This Resolution No. 96-30 supersedes Resolution P.C. 95-20, 92-49, AND 87-41
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16 VOTE:
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AYES:
NOES:
ABSENT:
ABSTAIN:
Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker
None
None
None
CERTIFICATION
23 I hereby certify the foregoing Resolution P.C. 96-3} is a true and complete record of the action
24 taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
25 meeting of August 20, 1996.
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28 Sol Blum nfe d, Secretary
29 Date 9-/1-1v cur9610
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