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HomeMy WebLinkAboutPC Resolution 02-5510 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 P.C. RESOLUTION 02-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT AMENDMENT FOR ON -SALE GENERAL ALCOHOL, LIVE ENTERTAINMENT, EXTENSION OF HOURS, AND ALTERATIONS TO AN EXISTING RESTAURANT TO INCLUDE A DANCE FLOOR FOR 1100 THE STRAND, LEGALLY DESCRIBED AS LOTS 1-4, BLOCK 12, HERMOSA BEACH TRACT Sector l . An application was filed by Peter Mangurian, seeking amendment to an existing conditional use permit to allow on -sale alcohol; live entertainment; a take-out food service window; extended hours of operation to 2:00 A.M. and alterations to the floor plan to include a dance floor in conjunction with an existing restaurant. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application to amend the Conditional Use Permit on December 4, 2002, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The business is currently operating under the terms of a Conditional Use Permit, as amended, approved in 1989, for on -sale beer and wine in conjunction with a restaurant. 2. The property is zoned C-2, with commercially zoned property to the north and immediately to the south, and public parking lot located to the east. The predominant uses to the south are residential. 3. In 1993, the City Council approved, on appeal, a Conditional Use Permit for live entertainment, On -sale General Alcohol, and a dance floor. This permit was not executed and has now expired. Section 4 Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application to amend the Conditional Use Permit: 1. The site is zoned C-2, and its location south of the downtown core area within close proximity to residential uses to the south is not suitable for the proposed use with the proposed amendment for live entertainment, on -sale general alcohol and a dance floor, and extended hours. These changes will increase noise levels to where they cannot be satisfactorily mitigated given that entertainment would be located within a glass patio enclosure which is one half block from residential land uses. Further the change will extend the hours of the business to later hours in the evening when noise is a greater concern to surrounding residents. N 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 28 29 2. The proposed take-out window is not suitable because of the potential conflict with pedestrian and bicycle traffic along the Strand, and is not necessary as take-out orders can easily be accommodated inside the restaurant. Section 5. Based on the foregoing, the Planning Commission hereby denies the requested amendments to the Conditional Use Permit. Section 6. Pursuant to the Code of Civil Procedure Section 1094.6 any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council, VOTE: AYES: Hoffman, Kersenboom, Perrotti, Tucker NOES: None ABSENT: Pizer ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 02-55 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular 4-1 thig of Dece1 r 4, 2002, r\ I 1 a Peter Hoffman, i `Chairman Date December 4, 2002 Cupr1100denial 7Bhin .d!, Secretary .2.