HomeMy WebLinkAboutPC 92-34 (157 Pier Ave).,
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P.C. RESOLUTION 92-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE
PERMIT, TO ALLOW OUTSIDE SEATING IN CONJUNCTION WITH AN EXISTING
COFFEE HOUSE/ SNACK SHOP AND TO ELIMINATE THE PREVIOUS CONDITION
PROHIBITING TABLE SERVICE, AN.Q--:l!Efl€1-P!;[!.T QN OF AN ENVIRONMENTAL
NEGATIVE DECLARATION _ PIER AVE~,. LEGALLY DESCRIBED AS
LOTS 20 AND 21, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH.
WHEREAS, the Planning Commission approved a conditional use
permit on November 7, 1991, to allow a change of use of the
previously existing office/retail building to . a coffee
house/snack shop;
WHEREAS, the Planning Commission held a public hearing on
June 16, and August~' 1992 to consider a request to amend said
conditional use permit to expand the seating area outside and_ td
eliminate the previous condition to prohibit table service, and
made the following findings
A. Coffee Houses are considered as snack shops pursuant to
Planning Commission Policy Statement 91-1 adopted May 21
1991;
B. The food items intended to be sold in conjunction with
coffees are secondary to the primary use of the building and
may also be considered snack items;
C. The proposed expansion outside and the addition of table
service, with the limitations imposed by this resolution will
not cause any increased demands on existing public and .
P.rivate parking facilities;
D. The use has been proved to be compatible with surrounding
commercial activities along Pier Avenue, and the expansion
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outside will not change or substantially intensify that use;
E. Strict compliance with the c·c,-nditions of approval will
mi ti gate any negative impact of the continued operation of
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the coffee house/snack shop, as amended;
F. The proposed use is consistent with the General Commercial,
General Plan designation;
G. An environmental assessment has been conducted by the Staff
Environmental Review Committee and this project was
determined to qualify for a negative declaration;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California, does hereby approve a
Conditional Use Permit amendment to allow expansion ·of a coffee
house/snack shop for outside seating at 157 Pier Avenue subject
to the following conditions which incorporate and sup~rsede the
conditions of P.C. Resolution 91-67:
SECTION I-Conditions of approval of the amendment:
1. outside seating shall be permitted in locations as shown o~
submitted plans received April 23, 1992. Seating on priv.ate
property is authorized by this conditional use permit while
seating in the areas located within the public right-of-way
is subject to the requirement for an encroachment permit from
the City Council, and shall not occur until said permit is
obtained.
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The use of the outside seating shall be in conformance with
the same set of conditions established for inside the
building including the hours of operation, and shall also be
maintained in a clean manner; coffee, food, and similar type
stains shall be removed promptly.
3. A sign shall be posted in conspicuous locations to request
patrons to be considerate of the neighbors and to keep their
voices down and to avoid loud and boisterous activity.
Should complaints arise about the outdoor arei -being a cause
of a nuisance because of noise, more limitations may be
imposed by the Planning Commission for the outside area.
4. A bike rack shall be provided on site in a location approved
by the Planning Director.
Pre-existing conditions still applicable:
5. The establishment shall be
submitted plans, including
grill, fryer or ovens shall
ovens are acceptable.)
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in substantial conformance with
the seating plan. No stove,
be added at any time (microwave
6. The primary emphasis of the business shall be maintained as a
coffee house offering specialty coffees for take-out or
consumption on the premises ana· secondarily as a snack shop
offering only the following food items: sandwiches, salads,
pastries, cakes, muffins, breads,· and beverages such as
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juices and teas for sale to be either consumed on or off the
premises.
7. The establishment shall not adversely effect the~welfare of
residents, and/or commercial establishments nearby.
8. The business shall provide adequate management and
supervisory techniques to prevent loud and boisterous
activities of the patrons outside the business or in the
immediate area.
9. An employee who is aware of the
conditional use permit shall be on
business hours.
conditions of this
the premises during
10. Business hours shall be limited to between 8:00 A.M. and
midnight on Sunday through Thursday, and between 8: oo A.M.
and 2:00 A.M. on Fridays and Saturdays.
11. Trash dumpsters used by this business shall be enclosed per
Building Department requirements. Plans shall be submitted
to the Building Depar:tment and permits shall be obtained:
prior to construction .. Construction of the trash enclosur~
shall be completed within six (6) months from the date-of·
adoption of this resolution.
12. The exterior of the premises shall be maintained in a neat
and clean manner at all times.
i3. All exterior signs shall be approved and permitted by the
Building Department prior to installation.
14.
15.
The use of the subject building for
this conditional use permit shall
authorized by the Fire Department
Department prior to occupancy.
the purposes described in
be deemed safe by, and
and Building and Safety
This grant shall not be effective for any purposes until the
permi ttee and the owner of the property invoJ-yed ( if other
than the permittee) have filed at the office of the
Department of Planning their affidavit stating that they are
aware of, and agree to accept, all of the conditions of this
grant. p, f 1 '
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16. The Conditional Use Permit shall be recorded, and proof
recorda~i ~shall be sub~~tted to the Planning Department. . uo ... 1Z€CO teo'"1tr 1 '} -z.,o C/ I 7 i <:J
of
SECTroN II (_. ()
Each of the above conditions is separately enforced,
of the conditions of approval is found to be invalid
of law~ all the other conditions shall remain
enforceable.
and if any
by a court
valid and
Permittee shall defend, indemnify and hold harmless the City, its
agents, officers, and employees from any claim, action, or
proceeding against the city or its agents, officers, or employees
to attack, set aside, void or annul this permit approval, which
action is brought within the applicable time period of Government
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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, a ction 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 s h all reimburse the city for any court and
attorney 's fees which the City may be required to pay as a result
of a n y c laim 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 an9 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 fuli
compliance shall be a violation of these conditions. '
SECTION III
Any violation of the conditions of approval and/or violation of
the Hermosa Beach Municipal Code may be grounds for a public
hearipg for the revocation of the conditional use permit.
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.Di Monda,Marks,Oakes,Chmn.Merl
Comm.Suard
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 92-34 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 August 4, ....-~ ,1 .?·, /~ _,/ _.J
. ;4 ~ ~./4.Z·lu./fkA-/1---
Rod Merl, Chai rperson Michael Schubach , Secretary
l'-lf. ➔L...
Date p/pcrs157a
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