HomeMy WebLinkAboutPC Resolution 01-182
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P.C. RESOLUTION 01-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HER'MOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW
OUTDOOR DINING IN CONJUNCTION WITH AN EXISTING
RESTAURANT WITH ON -SALE ALCOHOL AT 705 PIER AVENUE
LEGALLY DESCRIBED AS A PORTION OF LOT 1, TRACT NO.
92,031 AND LOTS 11-18 INCLUSIVE, BLOCK 80, 2ND ADDITION TO
HERMOSA BEACH "I'I:1ACT
Section 1. An application was filed by Shane McColgan, seeking approval for on -sale beer and
wine in conjunction with a restaurant;
Section 1 The Planning Commission conducted a duly noticed de novo public hearing to
consider the application for the Conditional Use Permit Amendment 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 subject restaurant site is already authorized for on -sale alcohol by a Conditional Use
Permit granted on March 15, 1994 (P.C. Resolution 94-10);
2. The change from outdoor seating to outdoor dining will not significantly intensify the use
of the site;
3. The potential noise impacts that might result from the outside dining are less than
significant because the restaurant is located within a commercial area with no residential
uses nearby;
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 SPA 8, and is suitable for the proposed use;
2. The proposed use is compatible with surrounding commercial and residential uses;
3. The imposition of conditions as required by this resolution will mitigate any negative
impacts resulting from the issuance of this Conditional Use Permit Amendment;
4. This project is Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act.
Sectiorl '5. Based on the foregoing, the Planning Commission hereby approves the Conditional
Use Permit subject to the following Conditions of Approval;
1. The project shall be substantially consistent with submitted plans as reviewed by the
Planning Commission on May 15, 2001. Modifications to the plan shall be reviewed and
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may be approved by the Community Development Director. The applicant shall also
submit a seating plan for review and approval to the Community Development Director.
2. The outdoor dining shall be limited to hours of operation between 8:00 A.M. and Midnight
Sunday through Thursday, and between 8:00 A.M. and 2:00 A.M. on Fridays and
Saturdays.
3. A decorative railing shall be provided to clearly delineate the outdoor dining area from the
public sidewalk.
4. At no time shall the public sidewalk be used by food service personnel.
No recorded music or amplified music is allowed in the outdoor dining area.
The existing Sycamore tree located within the proposed outdoor dining area shall be left
undisturbed.
7. The establishment shall not adversely effect the welfare of the residents, and/or c.ommerca
establishments nearby.
8. The business shall provide adequate staffing, management and supervisory techniques to
prevent loitering, unruliness, and boisterous activities of the patrons outside the business
and in the parking areas.
9. 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.
10. 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
problem, and then shall submit a report to the Planning Commission, which will
automatically initiate a review of this Conditional Use Permit by the Planning Commission.
11. The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
12. The applicant shall submit a detailed seating and occupancy plan prepared by a licensed
design professional, which shall be approved by the Community Development Department
prior to issuance of building permits. Any significant changes to this interior layout which
would alter the primary function of the business as a restaurant shall be subject to review
and approval by the Planning Commission.
13. The project and operation of the business shall comply with all applicable requirements of
the Municipal Code.
14. All Conditions of Approval from Planning Commission Resolution 97-26, which do not
specifically address the outdoor dining use, shall remain in effect.
Section o. 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
.2.
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Department 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
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 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.
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.
VOTE: AYES:
Tucker, Kersenboom, Chairman Perrotti
NOES:
None
ABSENT:
Hoffman, Pizer
ABSTAIN:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 01-18 is a true and complete record of the action taken by
the Planning Cospinission of the City of Hermosa Beach, California, at their regular meeting of May 15,
2001
Me
Sam Perrotti, Chairman
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