HomeMy WebLinkAboutPC Resolution 02-192
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P.C. RESOLUTION 02-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA APPROVING A
CONDITIONAL USE PERMIT MINOR AMENDMENT TO CHANGE
HOURS OF OPERATION OF AN EXISTING MARKET WITH OFF -
SALE BEER AND WINE FROM 7:00 A.M. TO 10:00 P.M. TO 5:00
A.M. TO 12 MIDNIGHT SUNDAY THROUGH THURSDAY, AND
2:00 A.M. FRIDAY AND SATURDAY FOR 205 PIER AVENUE,
LEGALLY DESCRIBED AS LOT 1, BLOCK 49, FIRST ADDITION
TO HERMOSA BEACH TRACT
Sectiola_,1I - An application was filed by Won Sam & Katsuko Y. Alin, seeking a minor
amendment to an existing conditional use permit to change hours of operation of an existing
market with off -sale beer and wine from 7:00 A.M. to 10:00 P.M. to 8:00 A.M. to 12 midnight
Sunday through Thursday, and 2:00 A.M. Friday and Saturday.
Section 22. The Planning Commission conducted a duly noticed public hearing to
consider the application to amend the Conditional Use Permit on April 16, 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 1990, for on -sale alcohol (beer/wine) in conjunction with a market with
hours of operation from 7:00 A.M. to 10:00 P.M. daily.
2. The property is zoned C-2, with commercially zoned property to the north and
east.
S'ectiolt 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 is suitable for the proposed use with the proposed
amendment for extended hours with off -sale alcohol;
2. The proposed use with extended hours is compatible with surrounding
commercial uses;
3. The imposition of conditions as required by this resolution will mitigate any
negative impacts on nearby residential or commercial properties;
4. The amendment is Categorically Exempt from the requirement for an
environmental assessment pursuant to Section 15301 class 1 (involving negligible or no
expansion of use beyond that previously existing) of the California Environmental Quality Act.
Section 5. Based on the foregoing, the Planning Commission hereby approves
amendments to the Conditional Use Permit, subject to the following Conditions of Approval,
which supersede the Conditions contained in P.C. Resolution 90-85:
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1. The plans shall remain in substantial conformance with plans submitted and
approved at the October 16, 1990 Planning Commission meeting.
2. Operating hours shall be limited to between 8:00 A.M. and 12:00 A.M. Sunday
through Thursday, and 2:00 A.M. Friday and Saturday.
3. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
4. The business shall provide adequate staffing, management and supervisory
techniques to prevent loitering, littering, unruliness, and boisterous activities of the
patrons outside the business and in nearby public areas.
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. The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
7. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
8. The project and operation of the business shall be reviewed in six months. 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.
Section o. 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 Planning Division of the
Community Development Department their affidavits stating that they are aware of, and agree to
accept, all of the conditions of this grant.
The Conditional Use Permit Amendment shall be recorded, and proof of recordation shall be
submitted to 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 of law, all the other conditions shall remain valid and 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 applicabi
time period of Government Code. 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
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fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold t
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.
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.
Pursuant to the Code of Civil Procedures 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:
Hoffinan, Kersenboom, Perrotti, Pizer
NOES:
Tucker
ABSENT:
None
ABSTAIN:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 02-19 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
nee ting, of April 16, 2002,
Sam Perrotti, Chairman
Date Z
Blt1m- i l - Id, Secretary
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