HomeMy WebLinkAboutPC 95-2 (934 Hermosa Ave)1
2
3
4
5
6
7
8
9
10
11
J1·
' '
P.C. RESOLUTION 95-2
Pr 1 ?JV" -jv :J-OD r
( Cl,.._ ,,,( i\. 0 ! 1• (
1
It •1,
Sf-;;i r -h 'n j ;;. tr1J I is
130 IJos t}/2 tY'ik'.se_.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A PARKING PLAN AND CONDITIONAL USE
PERMIT, AS AMENDED, TOESTABLISHAMASTERPARKINGPLAN, AND TO
ALLOW ON-SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT AT
934 HERMOSA A VENUE AND LEGALLY DESCRIBED AS LOTS 27, 28, 29, AND 30,
TRACT 1564
WHEREAS, the Planning Commission held a public hearing on January 17, 1995, to
receive oral and written testimony regarding an application for a Parking Plan and Conditional
Use Permit amendment to establish a master Parking Plan and to remove a condition requiring
four (4) additional parking spaces and to extend the allowable hours of the restaurant, and made
the following findings:
12 A
13
The Planning Commission granted a C.U.P. amendment and Parking Plan to allow a 400
square foot expansion of an existing restaurant ("La Traviata") with on-sale beer and wine
in 1989, with conditions to limit the hours to between 5:30 and 11 :00 P.M. and to require
4 additional off-site parking spaces;
14
15
16 B.
C.
D.
Removal of the 4 off-site spaces is justified for the restaurant, because the shopping center
is subject to new parking requirements as set forth in Section 1152.5 which reduces the
overall parking requirements for the center;
Establishing a "master" Parking Plan for the shopping center using the standards of
Section 1152.5 in conjunction with criteria set forth in Section 1169, Parking Plans, to
calculate parking as a mixed commercial center, result in adequate parking being available
for the center within the existing parking garage if restriped tb provide 25 parking spaces;
The Parking Plan is justified because of the mix of uses in the shopping center and the
potential for shared parking, and because of the location of the business on Hermosa
Avenue in the downtown area a short distance from a large residential population;
17
18
19
20
21
22
23
24
25
26
27
28
29
E. Existing and proposed uses, as amended, are appropriate for the subject location and will
F.
G.
be compatible with surrounding commercial activities along Hermosa Avenue;
Strict compliance with the conditions of approval will mitigate any negative impact
resulting from the issuance of the parking plan and conditional use permit;
The use is consistent with the General Commercial, General Plan designation;
1
,.J
...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
H The amendment to the C.U.P. and Parking are categorically exempt from the requirement
for environmental assessment, pursuant to Section 15301 of the California Environmental
Quality Act.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Hermosa Beach, California does hereby approve a Parking Plan and Conqitional Use
Permit, as amended, to establish a master Parking Plan for the shopping center, and to
remove the requirement for 4 off-site parking spaces, and to allow extended hours for the
restaurant subject to the following conditions which supersede the conditions of P. C.
Resolution 89-5:
SECTION I Specific Conditions of Approval (for the shopping center parking)
1.
2.
3.
4.
The project, including the layout of parking, shall be substantially consistent with
submitted plans. Any modifications to the plan shall be reviewed and may be approved by
the Community Development Director.
A bicycle rack shall be provided on site in a location approved by the Community
Development Director.
The underground parking area shall be re-striped to provide 3 additional parking spaces
(increasing from 22 to 25) utilizing up to 9 compact parking stalls as shown on the
submitted plans.
Parking in the underground parking area for all the businesses at 934 Hermosa Avenue
shall be made available for all customers and employees of all the businesses, parking
spaces cannot be assigned or reserved to individuals or individual businesses.
Staff Note: parking spaces may be reserved for employees or owners of businesses located
at the premises during the hours that they are on the premises, and shall be so designated,
e.g. "Space reserved for John Doe (or alternatively) Employees of XYZ Inc. No parking
during designated hours."
SECTION II General operating conditions (for the restaurant on the lower floor fronting on
Hermosa Avenue. "California Beach" restaurant operates under a separate conditional
use permit):
1. The hours for the business shall be unrestricted unless complaints are received. At.that
time, hours will be set by the Community Development Director which may be appealed to
the Planning Commission
28 2.
29
The exterior of the premises shall be maintained in a neat and clean manner along both
Hermosa Avenue and the alley to the rear.
2
1
2
3
4
3.
4.
I
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
in the parking areas.
5 5. 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. 6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
6. 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.
SECTION III
This grant shall not be effective for any purposes until the permittee and the owners of the
property involved have filed at the Community Development Department, Planning Division 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 Division of 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 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 fai ls
to promptly notify the permittee of any claim, action or proceeding, or if the City fai ls to
cooperate fully in the defense, the pennittee 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
3
( 1
2
3
4
5
6
7
8
9
10
11
12
13
14 c 15
16
17
18
19
20
21
22
23
24
25
26
27
28
t 29
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:
Comms. DiMonda, Marks, Merl, Tucker, Chmn. DiMonda
None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 95-2 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
regular meeting of January 17, 1995.
~
Alan M. e ach, Chairman
~1/?J-
Date
4