HomeMy WebLinkAboutPC Resolution 00-151
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P.C. RESOLUTION 00-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
AMENDMENT, TO INCLUDE ADDITIONAL CONDITIONS OF APPROVAL FOR
A RESTAURANT WITH ON -SALE GENERAL ALCOHOL AT 934 HERMOSA
AVENUE, AND LEGALLY DESCRIBED AS LOTS 27-30, TRACT NO. 1564.
The Planning Commission hereby resolves and orders as follows:
Section 1. In November, 1998, the City Council on appeal sustained the Planning
Commission's September, 1998 CUP approval for On -Sale General Alcohol with Special
Conditions including that the hours of operation shall be limited to 8:00 A.M. to 11:00 P.M. Sunday
through Thursday and until 2:00 A.M. Friday and Saturday. This approval included the requirement
that the project be reviewed after six months of operation.
Section 2. At the Planning Commission meeting of December 1, 1999, the subject
restaurant was given a six month review to determine compliance with the CUP Conditions of
Approval. At this time, it was determined that there was not complete compliance, and the
restaurant was given until February 15, 2000 to comply with all Conditions of Approval. At the
February 15, 2000 meeting, the Planning Commission found that there continued to be lack of
compliance and directed staff to schedule a public' hearing to revoke or to amend the Conditional
Use Permit (PC Resolution 98-57) for On -Sale General Alcohol in conjunction with a restaurant.
Section 3. The Planning Commission conducted a duly noticed de novo public hearing to
consider the revocation or amendment for the Conditional Use Permit on March 21, 2000, at which
testimony and evidence, both written and oral, was presented to and considered by the Planning
Commission
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Section 4. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. The business is currently not operating in compliance with the terms of the
Conditional Use Permit approved in 1998, for On -Sale General Alcohol in conjunction with
a restaurant.
A. The storage area as approved is being used for seating area.
B. Building permits were not obtained for a portion of the construction completed.
C. Final building permits and final Certificate of Occupancy have not been obtained for
construction that was completed with a permit.
D. The bar seating has been increased and the patio enclosure has been removed in
violation of the project plans approved by the Planning Commission.
E. The emergency exit only sign leading from the interior court to the door on Palm
Drive has not been installed and the door has been left ajar exacerbating the noise
nuisance to the residential neighbors to the east.
F. Vehicles are being stored in the parking area, and signs have been installed
improperly restricting the use of the parking area by customers and employees.
2. The use for which the CUP was granted is being exercised so as to be detrimental to
the public health, and safety and constitutes a nuisance in that:
A. According to the memorandum from the Police Department there were 45 noise
complaints, 2 batteries, 33 security checks, and 16 incidences of minor crimes or
rescues between February 1999 and January 2000.
B. Numerous residents in the vicinity of the subject property indicated through oral
testimony and written correspondence that noise emanating from the restaurant
constantly disrupts their comfortable enjoyment of their homes.
Section 5 Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the Conditional Use Permit:
1. The site is not an appropriate location for a restaurant with loud music and outdoor
seating.
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2. The existing bar/restaurant as operated is not compatible with surrounding
commercial and residential uses, and the imposition of conditions as required by
Resolution 98-57 did not adequately mitigate the noise impacts and other nuisances
to nearby residential or commercial properties;
Section 6. Based on the foregoing factual findings, the Planning Commission hereby
modifies the Conditional Use Permit, as amended, for General On Sale Alcohol in conjunction with
a restaurant subject to the following Conditions of Approval which supersede the conditions
contained in the original Conditional Use Permit Planning Commission Resolution 98-57 and City
Council Resolution 98-5939.
S ecific Conditions of Approval
1. The development and continued use of the property shall be in conformance with
submitted plans. Minor modifications to the plan shall be reviewed and may be
approved by the Community Development Director.
A. Building permits shall be required for all areas converted from parking spaces
to other uses.
B. Building permits and occupancy shall not be finaled until the existing Parking
Plan No 93-2 for the property has been implemented.
C. The hours of operation for the indoor portion of the restaurant, seven days a
week shall be 7:00 AM to 11:00 PM and for the outdoor patio portion of the
restaurant, the hours shall be 7:OOAM to 9:00 PM until there is compliance with
all the conditions of this Conditional Use Permit and until the Planning
Commission allows extended hours of operation.
D. The restaurant entry shall be reconfigured to create one entry and a vestibule at
the entrance to the restaurant shall be constructed.
E. Solid core door(s) shall be installed between the approved storage area and the
seating area, and shall remain closed during operating hours.
F. "Emergency Exit Only" signs and panic hardware with an alarm on each door
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shall be install on both exit doors to Palm Drive.
G. A revised floor layout and seating plan correctly showing the number of bar
and table seats and the maximum occupant load shall be submitted for review
and approval.
H. The CUP shall be reviewed by the Planning Commission for compliance with
the Conditions of Approval at their June 20, 2000 meeting, and may grant
extended hours of operation at that time.
Public address system, or music amplification in the outdoor courtyard and any other
outdoor area shall be prohibited.
All exterior doors and windows shall remain closed at all times during operating hours.
Chairs, couches, tables, audio systems, speakers and similar items shall be prohibited
in the area designated for storage, including storage of these items.
The trash facility and bins shall be cleaned and treated at regular intervals to control
odors; roof top vents shall be prohibited.
a. There shall be no dumping of trash or bottles between the hours of 10:00 PM and
7:00 AM.
Deliveries shall be prohibited on the Palm Drive side between the hours of 7:00 PM
and 7:00 AM.
The door to the trash storage area shall be closed, locked, and only opened for the
purpose of allowing the trash collector to remove the trash.
Washing, sweeping, or by any means putting garbage, trash, debris or any other
material onto the Palm Drive right way is strictly prohibited.
A floor drain with a trap primer shall be installed to collect wastewater in trash facility
area and wastewater shall not be discharged into Palm Drive.
General Operating and Standard Conditions:
10. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
11. The business shall prevent loitering, unruliness, and boisterous activities of the patrons
outside the business, or in the immediate area.
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12. The Police Chief may determine that a continuing police problem exists and may,
subject to the review of the Planning Commission, direct the presence of a police
approved doorman and/or security personnel to eliminate the problem. If the problem
persists the Police Chief then shall submit a report to the Planning Commission, which
will automatically initiate a review of this Conditional Use Permit by the Commission.
13. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
14. Any changes to the interior or exterior layout which alter the primary function of the
restaurant shall be subject to review and approval by the Planning Commission.
15. The operation of the business shall comply with all applicable requirements of the
Municipal Code.
Section 6 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 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 an 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 not thereafter be responsible to defend, indemnify, or hold harmless the
City.
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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 conditional Use Permit. 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
VOTE:
AYES: Hoffman, Ketz, Pizer, Chmn. Perrotti
NOES: Schwartz
ABSTAIN: none
ABSENT: none
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 00-15 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
lneet`1g of M l 21, 2000"+
Sam Perrotti, Chairman
Date l
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Sol Blunienf d, Secretary
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