AGENDA
PLANNING COMMISSION MEETING
CITY OF HERMOSA BEACH
CITY HALL COUNCIL CHAMBERS
1315 VALLEY DRIVE
HERMOSA BEACH, CA 90254
July 18, 2006
7:00 P.M.
Section
II
Public Hearing(s)
-
CUP 06-4 -- Conditional Use Permit for on-sale general alcohol in
conjunction with a restaurant, Still Water Contemporary American Bistro,
and Parking Plan amendment to modify the allocation of uses within the
Hermosa Pavilion at 1601 Pacific Coast Highway #170, AKA 1605 Pacific
Coast Highway (continued from June 20, 2006 meeting).
Staff Recommended Action: Direct staff as deemed appropriate from the
following alternatives: 1) Approve the request subject to the conditions
of approval contained in the attached resolution; or 2) Consider the
building parking problems that have occurred over the last six months and
advise the applicant to resubmit the project permit application once it
has been demonstrated that building spillover parking has been resolved.
1
July 3, 2006
Honorable Chairman and Members of the Regular Meeting of
Hermosa Beach
Planning Commission July 18, 2006
SUBJECT: CONTINUED FROM JUNE 20, 2006 MEETING
CONDITIONAL
USE PERMIT 06-4 FOR ON-SALE ALCOHOL IN CONJUNCTION WITH A RESTAURANT,
AND PARKING PLAN AMENDMENT 06-2 TO MODIFY THE ALLOCATION OF THE USES
WITHIN THE HERMOSA PAVILION
1601 PACIFIC COAST HIGHWAY #170
APPLICANT: TRAVIS W. JONES/GENE SHOOK
Recommendation Alternatives:
Direct staff as deemed appropriate from
the following alternatives:
1. Approve the request subject
to the conditions of approval contained in the attached resolution; or
2. Consider the building
parking problems that have occurred over the last six months and advise
the applicant to resubmit the project permit application once it has been
demonstrated that building spillover parking has been resolved.
Background:
PROJECT INFORMATION:
ZONING:
SPA 8-Specific Plan Area
GENERAL PLAN:
Commercial Corridor
EXISTING RESTAURANT AREA:
912 Sq. Ft.
(Stillwater Bistro)
PROPOSED NEW RESTAURANT AREA:
7,038 Sq. Ft.
PARKING PROVIDED IN HERMOSA PAVILION
540 spaces, 454 standard, 42 tandem,
and up to 44 parallel parking spaces
ENVIRONMENTAL DETERMINATION:
Categorically
Exempt
Project History/Chronology:
February 19, 2002: The Planning
Commission approved a Precise Development Plan, Parking Plan for shared
parking and Variance for expansion and remodel to the Hermosa Pavilion to
accommodate a health and fitness center and expanded retail floor area and
to allow enclosure of the upper deck to exceed the height
(Total square feet 105,378-office 48,990,
health club 44,300 and retail 12,088)
On Reconsideration and after
three continued public hearings April 9, May 28 and June 11, 2002 the City
Council approved the requested Precise Development Plan, Parking Plan and
Variance for a modified development program
(Total square feet 108,430-office 25,380,
health club 68,000 and retail 15,050).
August 19, 2003: The Planning
Commission approved an amendment to the Precise Development Plan and
Parking Plan (PDP 03-11 and PP 03-4) to modify the allocation of proposed
uses within the Pavilion (Total square feet 105,000-office 26,000, health club 46,500, retail
28,500 and restaurant 4,000).
February 15, 2005, C.U.P.
granted for Kids Kabaret Music and Performing Arts Academy and updated
shared parking analysis to allow minor modification to allocation of uses
to include 3,000 square foot auditorium use
May, 25, 2005 Updated shared
parking analysis and modification to striping plan for V.I.P. lockers for
the health club
2
February, 2006 Updated shared
parking analysis submitted per Conditions of Approval of 03-45, based on
existing and anticipated allocation of uses. Neighborhood parking analysis
and evaluation of spillover parking included in report.
April 18, 2006: The Planning
Commission approved Resolution No. 06-16 modifying the Parking Plan at the
Hermosa Pavilion to include a condition of the owner providing two hours
of free parking for customers with validation and to re-evaluate the
effectiveness of the validation program in six months. The applicant
requested an appeal on this decision to the City Council
July 11, 2006: The City Council
sustained the decision of the Planning Commission to require 2-hour free
validated parking, and 6-month re-evaluation of the program.
July 12, 2006: The building
owner indicated to staff that he will implement the 2-hour validated free
parking. The implementation includes prominently displayed signs
advertising the 2 hour validated free parking in all public areas and at
entry locations.
Analysis:
The applicant, Still Water Contemporary American Bistro, is
requesting the approval of a Conditional Use Permit for on-sale general
alcohol and off-sale (retail wine sales) in conjunction with a restaurant
as permitted through the Citys Municipal Code Section 17.40.080. A
Parking Plan Amendment is also being requested to modify the allocation of
uses from the 4,000 square foot restaurant to 8,000 square feet of
restaurant use. The proposed restaurant is approximately 7,038 square
feet, and the existing café is 912 square feet.
The proposed restaurant and retail wine and cheese areas are
located on ground floor of the Hermosa Pavilion and will feature: a public
dining area; private dining rooms; bar and lounge; foyer/hostess area;
patio with seating areas; wine/cheese retail displays; pantry; cook-line;
prep area; service area; scullery/storage area and kitchen/storage/coolers
for restaurant facility. The seating plan identified 35 tables with 178
seats.
The applicant indicates that the hours of operation will be 9
a.m. to 10 p.m. for the retail wine and cheese sales and the lunch and
dinner hours for the restaurant (11 a.m-2:00 p.m. & 5:00 p.m. 10:00 p.m.)
with service in the lounge area until the 2:00 a.m. The off-sale wine
sales is a permitted use by right until 11:00 p.m., and the applicant
indicates that it will not be open later than 10:00 p.m. Staff recommends
that the C.U.P. establish one set of operating hours from 7:00 A.M. to
12:00 midnight since it is impractical to establish separate operating
hours for the restaurant and other appurtenant uses.
The applicant has also represented that wine tasting services
will be provided in the wine retail areas but will not provide any fixed
seating in this area. Regarding entertainment, no amplified entertainment
will be provided according to the applicant. The floor plan identifies no
stage, however any future events or modifications to the floor plan
identifying a stage area for playing music requiring amplification will
require an acoustical study and a Conditional Use Permit Amendment
application.
The proposed restaurant is part of a multi-tenant building
with secured parking and access from the central building lobby on Pacific
Coast Highway and the parking garage. The restaurant is proposed to be an
upscale, full service-dining establishment with ancillary retail wine and
cheese tasting. Un-amplified live entertainment is proposed as an amenity
to the restaurant use. These uses and the proposed business operations are
consistent with the goals of the General Plan which call for affirming
the commercial character of the highway and the general definition of the
C-3 zone which is intended to provide opportunities for the full range
of office, retail and service businesses for the city and appropriate for
the Pacific Coast Highway. (Page 105, Land Use Element, General Plan).
The full service restaurant will complement the other uses within the
commercial building and is consistent with the character of the commercial
corridor.
3
Though bars and restaurants serving alcohol have been a
permitted use for many years along the commercial corridor, the area is
not heavily impacted with these uses. Staff surveyed the commercial
corridor and found that of the 306 business along the corridor there are
sixteen (16) restaurants. Of the sixteen restaurants (16) located on
Pacific Coast Highway, only nine (9) have CUPs for on-sale beer/wine,
and two have CUPs for full alcohol. (See attached survey).
Further, the proposed business cannot be considered a bar or
lounge use as less than 643 square feet of the restaurant is allocated to
the bar area, representing less than 10% of the floor area. The restaurant
is entirely enclosed within a secured and insulated building and should
not negatively impact abutting commercial and residential uses. Therefore
the proposed restaurant is appropriate to the zone, a fitting use for the
area, compatible with other uses in the multi-tenant building and
consistent with the goals and objectives of the General Plan.
However, a citizen complaint filed on July 11, 2006,
identified the existence of a possible illegal use within the parking
garage, the operation of an auto detail business (Auto Spa). Staff
confirmed that auto detailing is occurring in the garage, and in order to
comply with the Zoning Ordinance this use must cease or a Conditional Use
Permit obtained to allow the operation of an auto detail business. Also
pursuant to the Municipal Code (Chapter 2.84) this use must be abandoned
or made legal before the City can issue a building permit for the tenant
improvement for the restaurant or any other permit in the Pavilion.
Parking Plan:
The proposed Parking Plan amendment is required to update and
modify the allocation of uses within the Hermosa Pavilion including the
proposed restaurant. The potential parking impacts associated with the
requested restaurant changes from 4,000 square feet of restaurant space to
8,000 square feet of restaurant was addressed in the latest Parking Study
Report/Shared Parking Analysis for the Hermosa Beach Pavilion, prepared by
Linscott, Law & Greenspan, Engineers on February 13, 2006. In addition to
updating the allocation of uses to reflect actual tenancy, including all
the latest modifications, and evaluating the day spa uses, the report
identified and assessed future restaurant space of 8,000 square feet (the
proposed restaurant and the existing cafe), and found that weekday peak
shared parking demand of 426 spaces can be accommodated by the 454
standard spaces and 42 tandem spaces as provided with the latest revised
striping layout plan. Thus the study indicates that proposed uses do not
significantly impact the supply of parking (Pgs. 4, 27 & 28, LL & G
Study).
Resolution No. 06-16 (which pertains to the entire Hermosa
Pavilion) addressed detrimental effects of spillover parking and was
sustained by the City Council. Given that the proposed restaurant
intensifies the demand for parking in the building and that the required
parking is based upon a shared parking analysis, staff has included
conditions of approval to require free 2-hour validated parking for
customers of the restaurant consistent with the decision of the City
Council and review of the CUP if there is a problem identified with the
building parking adequacy or efficiency.
Conditions of Approval:
Based on the above analysis staff recommends the following
specific conditions of approval in addition to standard conditions imposed
for on-sale and off-sale alcohol establishments:
1. The CUP for
the restaurant is based upon conformance to the Hermosa Pavilion Parking
Plan as modified by City Council on July 12, 2006. Violations of the
Parking Plan shall be submitted in a report to the Planning Commission
which will automatically initiate a review of the CUP.
2. The hours
of operation of the restaurant and appurtenant retail wine sales hall be
limited to between 7:00 A.M. and 12:00 midnight daily. Any change in
operating hours shall require amendment to the CUP.
4
3. The
applicant shall submit a detailed seating and occupant load plan prior to
issuance of building permits and an approved occupant load sign must be
posted in the business.
4. The
allocation of uses shall be as follows based on the latest shared parking
analysis:
Use
Allocation (in square feet)
Health Club/Fitness
Facility (i.e., basketball court/pool) 46,000
Office
20,400
Day Spa
13,000
Retail 9,600
Restaurant (including Food related retail sales)
8,000
Auditorium
3,000
Storage
10,600
Total
110,600
5. The kitchen shall
remain open during operating hours to ensure that the use is maintained as
a restaurant.
6. Repeated violations of
the noise ordinance, creation of security or nuisance conditions and
excessive occupancy of the business shall be grounds for Police Chief and
Fire Chief report to the Planning Commission with automatic CUP review by
the Commission.
7. Two hour free
validated parking shall be provided for patrons of the business.
8. Parking signs shall be
prominently displayed at the entry and within the restaurant to promote
the two-hour free validated parking program.
9. The CUP shall be
subject to Planning Commission review 6 months after commencement of the
business and annually thereafter.
10. The applicant must
abandon/vacate existing illegal condition/use of an auto detail business
within the parking garage or file for a Conditional Use Permit by August
21, 2006, to allow the continued operation of the illegal auto detail
business the Auto Spa.
If the Commission does not approve the application staff will
return with a resolution to deny the project at the next meeting.
________________________
Ken Robertson,
Senior Planner
CONCUR:
________________________
Sol Blumenfeld, Director
Community Development
Attachments:
1. Proposed Resolution
to Approve
2. Parking Study
excerpts
3. Restaurant Floor
Plan
4. PCH Restaurant/Bar
Survey
F:\B95\CD\PC\2006\07-18-06\CUP1601PCH.doc
AGENDA
PLANNING COMMISSION MEETING
CITY OF HERMOSA BEACH
CITY HALL COUNCIL CHAMBERS
1315 VALLEY DRIVE
HERMOSA BEACH, CA 90254
June 20, 2006
7:00 P.M.
6.
CUP 06-4 -- Conditional Use Permit for on-sale alcohol in conjunction with a
restaurant, Still Water Contemporary American Bistro, and Parking Plan
amendment to modify the allocation of uses within the Hermosa Pavilion at
1601 Pacific Coast Highway #170, AKA 1605 Pacific Coast Highway.
Staff Recommended Action: To approve said request.
June 13, 2006
Honorable Chairman and Members of the Regular
Meeting of
Hermosa
Beach Planning Commission June 20, 2006
SUBJECT:
CONDITIONAL USE PERMIT 06-4 FOR ON-SALE ALCOHOL IN CONJUNCTION WITH A
RESTAURANT, AND;
PARKING PLAN AMENDMENT 06-2 TO MODIFY THE ALLOCATION OF THE USES WITHIN THE
HERMOSA PAVILION
LOCATION:
1601 PACIFIC COAST HIGHWAY #170
APPLICANT:
TRAVIS W. JONES/GENE SHOOK
Recommendation:
To approve the
request subject to the conditions of approval contained in the attached
staff report and resolution.
Background:
PROJECT
INFORMATION:
ZONING: SPA
8-Specific Plan Area
GENERAL PLAN: Commercial Corridor
EXISTING
RESTAURANT AREA: 912 Sq. Ft. (Stillwater Bistro)
PROPOSED NEW
RESTAURANT AREA: 7,038 Sq. Ft.
PARKING
PROVIDED IN HERMOSA PAVILION 540 spaces, 454 standard, 42 tandem,
and up to 44
parallel parking spaces
ENVIRONMENTAL
DETERMINATION: Categorically Exempt
Project
History/Chronology:
February 19,
2002: The Planning Commission approved a Precise Development Plan,
Parking Plan for shared parking and Variance for expansion and remodel to
the Hermosa Pavilion to accommodate a health and fitness center and expanded
retail floor area and to allow enclosure of the upper deck to exceed the
height (Total square feet 105,378-office 48,990,
health club 44,300 and retail 12,088)
On
Reconsideration and after three continued public hearings April 9, May 28
and June 11, 2002 the City Council approved the requested Precise
Development Plan, Parking Plan and Variance for a modified development
program (Total square feet 108,430-office 25,380,
health club 68,000 and retail 15,050).
August 19,
2003: The Planning Commission approved an amendment to the Precise
Development Plan and Parking Plan (PDP 03-11 and PP 03-4) to modify the
allocation of proposed uses within the Pavilion
(Total square feet 105,000-office 26,000, health club 46,500, retail 28,500
and restaurant 4,000).
February 15,
2005, C.U.P. granted for Kids Kabaret Music and Performing Arts
Academy and updated shared parking analysis to allow minor modification to
allocation of uses to include 3,000 square foot auditorium use
May, 25,
2005 Updated shared parking analysis and modification to striping plan
for V.I.P. lockers for the health club
1
February, 2006
Updated shared parking analysis submitted per Conditions of Approval of
03-45, based on existing and anticipated allocation of uses. Neighborhood
parking analysis and evaluation of spillover parking included in report.
April 18, 2006: The
Planning Commission approved Resolution No. 06-16 modifying the Parking Plan
at the Hermosa Pavilion to include a condition of the owner providing two
hours of free parking for customers with validation and to re-evaluate the
effectiveness of the validation program in six months. The applicant
requested an appeal on this decision and the appeal has been set for a
public hearing before the City Council on July 11, 2006.
Analysis:
The applicant, Still Water
Contemporary American Bistro, is requesting the approval of a Conditional
Use Permit for on-sale alcohol in conjunction with a restaurant as
permitted through the Citys Municipal Code Section 17.40.080. A Parking
Plan Amendment is also being requested to modify the allocation of uses from
the 4,000 square foot restaurant to 8,000 square feet of restaurant use. The
proposed restaurant is approximately 7,038 square feet, and the existing
café is 912 square feet.
The proposed restaurant and
retail wine and cheese areas are located on ground floor of the Hermosa
Pavilion and will feature: private dining areas; lounge; bar;
foyer/hostess area; public dining areas; patio with seating areas;
wine/cheese retail displays; pantry; cook-line; prep area; service area;
scullery/storage area and kitchen/storage/coolers for restaurant facility.
The seating plan identified 35 tables with 178 seats.
The applicant has identified
that the hours of operation will be 9 a.m. to 10 p.m. for the retail wine
and cheese sales and the lunch and dinner hours for the restaurant (11
a.m-2:00 p.m. & 5:00 p.m. 10:00 p.m.) with service in the lounge area until
the 2:00 a.m. Staff recommends that the C.U.P. establish one set of
operating hours from 7:00 A.M. to 12:00 midnight since it is impractical to
establish separate operating hours for the restaurant and other appurtenant
uses.
The applicant has also
represented that wine tasting services will be provided in the wine retail
areas but will not provide any fixed seating in this area. Regarding
entertainment, no amplified entertainment will be provided according to the
applicant. The floor plan identifies no stage, however any future events or
modifications to the floor plan identifying a stage area for playing music
requiring amplification will require an acoustical study and a Conditional
Use Permit Amendment application.
The proposed restaurant is
part of a multi-tenant building with secured parking and access from the
central building lobby on Pacific Coast Highway and the parking garage. The
restaurant is proposed to be an upscale, full service dining establishment
with ancillary retail wine and cheese tasting. Un-amplified live
entertainment may be provided as an amenity to the restaurant use. These
uses and the proposed business operations are consistent with the goals of
the General Plan which call for affirming the commercial character of the
highway and the general definition of the C-3 zone which is intended to
provide opportunities for the full range of office, retail and service
businesses for the city and appropriate for the Pacific Coast Highway.
(Page 105, Land Use Element, General Plan). The full service restaurant use
will complement the other uses within the commercial building and provide a
positive affect upon the area. The business cannot be considered a bar as
less than 430 square feet of floor area is allocated to bar
2
use and it should not
negatively impact building security or provide a nuisance to abutting
commercial and residential uses. Therefore the proposed restaurant is
appropriate to the zone, a fitting use for the area and consistent with the
goals and objectives of the General Plan.
Parking Plan:
The proposed Parking Plan
amendment is required to update and modify the allocation of uses within the
Hermosa Pavilion including the proposed restaurant. The potential parking
impacts associated with the requested restaurant changes from 4,000 square
feet of restaurant space to 8,000 square feet of restaurant was addressed in
the latest Parking Study Report/Shared Parking Analysis for the Hermosa
Beach Pavilion, prepared by Linscott, Law & Greenspan, Engineers on February
13, 2006. Therefore, in addition to updating the allocation of uses to
reflect actual tenancy, including all the latest modifications, and
evaluating the day spa uses, the report identified and assessed future
restaurant space of 8,000 square feet (the proposed restaurant and the
existing cafe), and found that weekday peak shared parking demand of 426
spaces can be accommodated by the 454 standard spaces and 42 tandem spaces
as provided with the latest revised striping layout plan. Thus the study
indicates that proposed uses do not significantly impact the supply of
parking (Pgs. 4, 27 & 28, LL & G Study).
Resolution No. 06-16 (which
pertains to the entire Hermosa Pavilion) addressed detrimental effects of
spillover parking is under appeal to the City Council. Given that this
proposed restaurant intensifies the demand for parking in the building,
staff has included conditions of approval to require free 2-hour validated
parking for customers of the restaurant as a measure to mitigate any impact
the restaurant expansion may have in exacerbating the spillover-parking
problem.
Conditions of Approval:
Based on the above analysis
staff recommends the following specific conditions of approval in addition
to standard conditions imposed for on-sale alcohol establishments:
1. The hours of operation of
the restaurant shall be limited to between 7:00 A.M. and 12:00 midnight
daily.
2. The applicant shall submit
a detailed seating and occupant load plan prior to issuance of building
permits and an approved occupant load sign must be posted in the business.
3. Two hour free validated
parking shall be provided for patrons of the business and offices within the
Hermosa Pavilion.
4. Parking signs shall be
prominently displayed at the entry and within the restaurant to promote the
two-hour free validated parking program.
5. The allocation of uses
shall be as follows based on the latest shared parking analysis:
Allocation (in square feet)
Health Club/Fitness Facility
(i.e., basketball court/pool)
46,000
Office 20,400
Day
Spa
13,000
Retail 9,600
Restaurant (including Food
related retail sales) 8,000
Auditorium 3,000
Storage
10,600
Total
110,600
3
________________________
Zack Gonzalez II, City Planner
CONCUR:
Sol Blumenfeld, Director
Community Development
Department
Attachments:
1. Proposed Resolution
2. Parking Study excerpts
3. Restaurant Floor Plan
P.C. RESOLUTION NO. 06-
A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW ON-SALE ALCOHOL IN CONJUNCTION WITH A
RESTAURANT AND APPROVING A PARKING PLAN AMENDMENT MODIFYING THE ALLOCATION
OF USES WITHIN THE HERMOSA PAVILION INCLUDING AN 8,000 SQUARE FOOT
RESTAURANT AT 1601 PACIFIC COAST HIGHWAY # 170 AKA 1605 PACIFIC COAST
HIGHWAY.
The Planning Commission of
the City of Hermosa Beach does hereby resolve and order as follows:
Section 1.
An
application was filed by Travis Jones, Stillwater Contemporary American
Bistro, seeking approval for on-sale general alcohol in conjunction with a
new restaurant proposed in the Hermosa Pavilion, and amendment to the
Parking Plan (P.C. Resolution 03-45) to modify and update the allocation of
uses approved as part of the shared parking analysis.
Section 2.
The
Planning Commission conducted a duly noticed public hearing to consider the
application for the Conditional Use Permit and Parking Plan Amendment on
June 20, 2006, 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. On August 19, 2003, the
Planning Commission adopted P.C. Resolution 03-45 to approve Precise
Development Plan and Parking Plan to remodel and expand an existing
commercial building and to allow shared parking to accommodate a new
allocation of uses within the building including a health and fitness
facility, office, retail and restaurant uses. The approval included an
allocation of 4,000 square feet for restaurant use.
4
2. The proposed restaurant
will increase the allocation for restaurant use to 8,000 square feet, and
proposed changes also include updates in the allocation of uses to reflect
other minor modifications that have occurred since 2003 in the allocation of
uses within the building.
3. The site is zoned SPA-7,
Commercial, allowing restaurant uses, and on-sale general alcohol with
approval of a Conditional Use Permit.
4. The Planning Commission
conducted a duly noticed public hearing to consider the revocation or
modification of the Precise Development Plan and Parking Plan on April 18,
2006, pursuant to Section 17.70.010 of the Zoning Ordinance (sub-sections E
and F), and adopted Planning Commission. Resolution No. 06-16 (which
pertains to the entire Hermosa Pavilion) to address detrimental effects of
spillover parking and which supersedes P.C. Resolution 03-45.
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 S.P.A. 7
which permits on-sale alcohol in conjunction with restaurant uses, and the
site is suitable for the proposed use;
2. The proposed use will be
compatible with commercial uses with the Hermosa Pavilion, surrounding
commercial uses, and nearby residential uses;
3. The imposition of
conditions, including a limitation on the hours of operation, and the
requirement for free validated parking, as required by this resolution will
mitigate any negative impacts on nearby residential or commercial
properties;
4. This project is
Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act.
Section 5. Based
on the foregoing factual findings, the findings for the Conditional Use
Permit, and the updated shared parking analysis prepared by Linscott Law and
Greenspan; Parking Study Report, dated February 13, 2006, the
Planning Commission makes the following findings pertaining the application
to amend the Parking Plan to modify the allocation of uses within the
Hermosa Pavilion:
1. The Parking Study
Report identified and assessed all updated allocations including future
restaurant space of 8,000 square feet (therefore including the entire square
footage of the proposed restaurant), and found that weekday peak shared
parking demand of 426 spaces can be accommodated by the 454 standard spaces
and 42 tandem spaces as now provided with the latest revised striping
layout.
2. Thus the study indicated
that the shared parking impacts were immaterial to the supply of parking
(pg. 27).
5
3. The detrimental effects of
the spillover parking, as documented in the Parking Study Report will
be potentially exacerbated with this new restaurant, and therefore, the
conditions requiring free validated parking that apply to the entire
Pavilion have been imposed as conditions of the approval into this project
to alleviate any similar problems.
Section 6. Based
on the foregoing, the Planning Commission hereby approves the Conditional
Use Permit for on-sale general alcohol in conjunction with a restaurant and
approves the amendment to the Parking Plan to modify the allocation of uses,
subject to the following
Conditions of Approval.
1. Interior and building
alterations and the continued use and operation of the restaurant shall be
substantially consistent with the plans submitted and reviewed by the
Planning Commission on June 20, 2006.
2. The hours of operation
shall be limited to between 7:00 A.M. and 12:00 Midnight.
3. The establishment shall
not adversely affect the welfare of the residents, and/or commercial
establishments nearby.
4. The business shall
provide adequate staffing, management and supervisory techniques to prevent
loitering, unruliness, and boisterous activities of the patrons outside the
business.
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 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.
7. The exterior of all the
premises shall be maintained in a neat and clean manner, and maintained free
of graffiti at all times.
8. The applicant shall
submit a detailed seating and occupant load plan prepared by a licensed
design professional, which shall be approved by the Community Development
Department prior to implementing the restaurant use. An approved occupant
load sign must be posted in the business.
6
9. Any significant changes
to the interior layout which would alter the primary function of the
business as a restaurant, or increase the designated floor area of
restaurant seating shall be subject to review and approval by the Planning
Commission.
10. THE PROJECT AND
OPERATION OF THE BUSINESS SHALL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF
THE MUNICIPAL CODE.
11. The Planning
Commission shall conduct a review of the restaurant operations for
compliance with the terms of the Conditional Use Permit in 6 months, and in
response to any complaints thereafter
12. Two hour free
validated parking shall be provided for patrons of the restaurant within the
Hermosa Pavilion parking facility and signs shall be prominently displayed
at the entry and within the restaurant to promote the two-hour free
validated parking program;
13. The Parking Plan
approval, as set forth in P.C. Resolution 03-45, as amended by P.C.
Resolution 06-16, is amended with respect to the allocation of uses, which
shall be substantially consistent or less than the following allocation:
.
Health and Fitness
Facility (including a basketball court and |
46,500
|
7
pool)
Office
Day Spa
Retail
Restaurant (Including food related retail sales)
Auditorium
Storage
Total
|
20,400
13,000
9,600
8,000
3,000
10,600
110,600
|
Any material change to
this allocation requires amendment to the Parking Plan, and approval of the
Planning Commission.
Section 7.
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
and Parking Plan 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 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.
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 Parking Plan Amendment 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.
8
Section 8.
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:
NOES:
ABSTAIN:
ABSENT:
CERTIFICATION
I hereby certify that the
foregoing Resolution P.C. is a true and complete record of the action taken
by the Planning Commission of the City of Hermosa Beach, California at their
regular meeting of June 20, 2006.
___________________________
____________________________
Peter Hoffman,
Chairman
Sol Blumenfeld, Secretary
__________
Date
9
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