HomeMy WebLinkAboutPC 94-15 (26 22nd St)1
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P.C. RESOLUTION NO. 94-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A PARKING PLAN AND CONDITIONAL USE
PERMIT, AS AMENDED, TO ALLOW OUTSIDE DINING, EXTENDED HOURS, AND
A TAKE-OUT WINDOW IN CONJUNCTION WITH AN EXISTING RESTAURANT
WITH ON-SALE BEER AND WINE AND THE ADOPTION OF A MITIGATED
ENVIRONMENTAL NEGATIVE DECLARATION AT 26 22ND STREET, AND
LEGALLY DESCRIBED AS LOT 11, BLOCK 22, HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on May 3, 1994, to receive
oral and written testimony regarding this matter and made the following findings:
A. The applicant is requesting a conditional use permit amendment to allow outside dining, to
extend dining hours from 10:00 P.M. to as late as 1:00 AM., and to allow a take-out window
along the alley;
B. The site is zoned C-1, Neighborhood Commercial, and is suitable for the existing use with the
proposed amendments, except that the addition of a take-out window would potentially cause
a nuisance to neighboring residential property;
C. The proposed use is compatible with surrounding commercial and residential uses;
D. The imposition of conditions as required by this resolution will mitigate any negative impacts
on nearby residential or commercial properties;
E. Less than required parking is justified for this business with the expanded outside dining,
pursuant to Section 1169, Parking Plans, as adequate parking is already available for
customers for the following reasons:
1. The addition of the outside dining patio will negligibly increase the demand for parking in
the area
2. The location of the business is in a high density residential area and within a short distance
of a regionally serving bike path means a substantial portion of its customers arrive on
foot or bicycle, and bicycle racks will be provided
F. An initial study was conducted by the Staff Environmental Review Committee, and the
subject project was found to result in a less than significant impact and thus qualify for a
negative declaration if mitigation measures are included to limit the hours of outside dining
to no later than 9:00 P.M. and to provide bicycle racks.
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NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A PARKING PLAN
AND CONDITIONAL USE PERMIT, AS AMENDED TO ALLOW OUTSIDE DINING
EXTENDED HOURS, AND A TAKE-OUT WINDOW, SUBJECT TO THE
FOLLOWING CONDITIONS WIDCH SUPERSEDE THE CONDITIONS OF
RESOLUTION P.C. 154-952:
SECTION I Specific Conditions of Approval
6 1. The project shall be substantially consistent with submitted plans. Modifications to the
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plan shall be reviewed and may be approved by the Planning Director. /
The hours of operation shall be limited to between 7:00 AM. and 12:00 Midnight, Friday
and Saturday, and between 7:00 AM.and 11 :00 P.M. Sunday through Thursday
Outside dining and occupancy of the patio shall not be permitted past 9.90 :P _M, ct : 30 '? "' --r:hv-r · li.•: oo ~/5.4--r The take-out window shall only be permitted facing 22nd Street with access to the patio
from 22nd Street only, not from the alley. Service from the take-out window shall cease
at 5:00 P.M.
5. Bicycle racks shall be provided to the satisfaction of the Planning Director.
SECTION II General operating and standard conditions:
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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.
Noise emanat"ing 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.
a. Windows and doors shall remain closed during operating hours past 10:00 P.M. if
complaints regarding noise are received.
Signs shall be posted in a conspicuous location warning patrons of the illegality of open
alcoholic containers in any public areas such as the public sidewalk and beach.
A manager or employee who is aware of the conditions of this conditional use permit shall -
be on the premises during business hours. ·
a. The conditional use permit conditions shall be placed on the prqp_e_cty _i.n a lq_cation
where employees can easily read the conditions.
All alcoholic beverages shall be served in non-throw-away glass containers, including beer
and wine.
28 7. 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 29
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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 the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
Any significant changes to the layout which would alter the primary function of the
business shall be subject to review and approval by the Planning Commission.
This conditional use permit is issued exclusively for and as long as the premises remains a
restaurant; a minimum of sixty five ( 65) percent of the total gross sales, computed
monthly, shall result from the sale of prepared food.
The city shall have the right during business hours upon 15 days notice to inspect the
books and records of the applicant to determine the gross sales of food and/or the gross
sales of alcoholic beverages. Upon request at the time the City inspects the books and
records of the applicant, the applicant shall also submit to the City copies of all records
submitted to the State Board of Equalization for purposes of computing sales tax.
Applicant gives the right to the City to review the records of the State Board of
Equalization for the purpose of verifying the applicants books and records, with the
understanding that these reviews are confidential.
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.
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 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, wbich 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.
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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 shalJ 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:
ABSTAIN:
ABSENT:
Comms.Dettelbach,DiMonda,Marks, Suard, Chmn.Merl
None
None
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 94-15 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 May 3, 1994.
Date
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