HomeMy WebLinkAboutPC Resolution 01-162
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P.C. RESOLUTION 01-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING
PLAN TO ALLOW THE EXPANSION OF AN EXISTING
RESTAURANT (ALLOWING THE CHANGE OF USE OF 468
SQUARE FEET OF ADJACENT COMMERCIAL SPACE TO
RESTAURANT USE) WITH NO ADDITIONAL PARKING AT 959
AVIATION BO ILEVA ID, LEGALLY DESCRIBED AS A PORTION
OF LOT 9, EXCLUDING THE NOR"rHERI.. ' 10 FEET, TRACT 69.17
Section 1. An application was filed by Richard Hankus of Ocean Diner Restaurant
seeking approval to expand the restaurant. The applicant is proposing to expand 468 square
feet by converting existing adjacent commercial space to restaurant use within an existing
commercial building, requiring a Parking Plan pursuant to Section 17.44.210 to allow the
change of use with no additional off-street parking.
Section 2, The Planning Commission conducted a duly noticed de novo public hearing
to consider the application for Parking Plan on May 15, 2001, 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 building was constructed in 1954, and restaurant uses have occupied the
structure since the early 1960's. The subject restaurant has been in operation since 1987, and
only within the last two years has parking behind the building become available for the
restaurant.
2. The applicant proposes to expand the restaurant, by converting 468 square feet of a
contiguous part of the building (existing office/storage space).
3. The change of use to a more intense use requires additional parking pursuant to
Section 17.44.140(E) of the Zoning Ordinance, resulting in an increased parking requirement
of three spaces.
4. Given the existing lot size and building coverage it is not feasible to provide
additional off-street parking on site without a major demolition and remodel to the existing
building.
Section 4. Based on the foregoing factual findings, the Planning Commission makes
the following finding pertaining to the application for the Parking Plan:
1. Pursuant to Section 17.44.210 the Planning Commission finds that reducing the
parking requirement for the proposed expansion is appropriate and substantiated by the facts
for the following reasons:
a. The subject restaurant has been in operation for 14 years at this location, and only
within the last two years has the area located to the rear of the building become
available for the restaurant which provides "new" available parking for the
proposed expansion;
b. The subject restaurant primarily serves the local neighborhood, and a significant
majority of the customers arrive by foot or bicycle;
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c. The peak time of the restaurant use differs from neighboring commercial uses, and
public on -street parking is available for customers during peak morning hours.
2. This project is Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act.
S.egigR 5. Based on the foregoing, the Planning Commission hereby approves the
Parking Plan subject to the following Conditions of Approval:
1. The proposed expansion shall be consistent with submitted plans. Any minor
modification shall be reviewed and may be approved by the Community Development
Director.
2. Maximum use of the parking area shall be perpetually provided in the rear parking
area. The number spaces, striping and signing shall be depicted on a detailed and
accurately dimensioned site plan to be approved by the Community Development
Director prior to issuance of building permits.
Section, 6, This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed a 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 Parking Plan shall be recorded, and proof of recordation shall be submitted to the
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 applicable
time period of the State 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
fully in the defense, the permittee shall no 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.
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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 Parking Plan 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:
ABSENT:
ABSTAIN
Kersenboom, Chmn.Perrotti
Tucker
Hoffman, Pizer
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 01-16 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 Ong of Mly 15, 2001.
Sam Perrotti, Chairman Sol Blumeli ld VSecretary
Date �� -`�10/
Pprs959
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