January 4, 2005

 

Honorable Chairman and Members of the Regular Meeting of

Hermosa Beach Planning Commission January 18, 2005

 

SUBJECT:

CONDITIONAL USE PERMIT 04-7 - TO ALLOW ON-SALE

BEER AND WINE IN CONJUNCTION WITH A RESTAURANT

 

 

LOCATION: 1501 HERMOSA AVENUE

APPLICANT: EUGENE YOO

1501 HERMOSA AVENUE

HERMOSA BEACH, CA 90254

 

Recommendation

 

To direct staff as deemed appropriate.

 

Background

 

PROJECT INFORMATION:

 

ZONING: C-2, Restricted Commercial

GENERAL PLAN: General Commercial

LOT SIZE: 3,781 Square Feet

RESTAURANT AREA: 1,095 Square Feet

BUILDING AREA: 2,569 Square Feet

PARKING: 3 Spaces (shared)

ENVIRONMENTAL DETERMINATION: Categorically Exempt

The restaurant is located on the northwest corner of the intersection of Hermosa Avenue and 15^th Street. The restaurant is in the same building with two retail businesses and shares three existing off-street parking spaces with these uses. A restaurant has occupied the subject location since prior to 1970. The current restaurant tenant (“Lee’s Teriyaki & Tofu”) has been in business at the subject location since March 6, 2003.

 

Analysis

 

The applicant is requesting permission for on-sale beer and wine in conjunction with an existing restaurant. Pursuant to Chapter 17.26 of the Hermosa Beach Zoning Ordinance, a Conditional Use Permit is required to serve beer and wine in conjunction with a restaurant use. The applicant is not changing the existing floor plan or seating plan, and no new tenant improvements are proposed for the restaurant.

 

The attached resolution of approval contains the currently applicable standard conditions for restaurants with on-sale beer and wine, including a condition regarding hours of operation. The staff based the proposed hours of operation (from 7:00 A.M. to 11:00 P.M Monday through Thursday, and to midnight Friday and Saturdays) on what was previously granted by the Planning Commission for another similar restaurant at 1031 Hermosa Avenue (“Alfredo’s” - which is now a “Subway” sandwich shop) as being considered appropriate for locations abutting residential uses.

 

In 2000, staff prepared a survey of downtown on-sale alcohol establishments and found that there are 42 businesses offering on-sale alcohol (22 full alcohol and 20 beer and wine) in the downtown area. One of the restaurants listed on this survey (“Alfredo’s”), which served beer and wine, has closed and the location is now in business as a sandwich shop with no alcohol sales. Given the change of that one restaurant to a sandwich shop, there is no net increase in beer and wine licenses in the downtown as a result of the applicant’s request.

 

Neither outdoor seating or live entertainment are proposed as part of this project. Since the occupancy of the building will continue to be used for restaurant purposes, there is no intensification of use and no requirement for additional parking.

 

Scott Lunceford

CONCUR: Associate Planner

 

Sol Blumenfeld, Director

Community Development Department

 

Attachments

1. Draft Resolution

2. Location Map

3. Photos

 

P.C. RESOLUTION 05-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE IN CONJUNTION WITH AN EXISTING RESTAURANT AT 1501 HERMOSA AVENUE

 

Section 1. An application was filed by Eugene Yoo, seeking approval for on-sale beer and wine in conjunction with a restaurant.

 

Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for the Conditional Use Permit on January 18, 2005, 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 space is approximately 1,095 square feet. The restaurant is located on the northwest corner of the intersection of Hermosa Avenue and 15^th Street. The applicant is not changing the existing floor plan or seating plan, and no new tenant improvements are proposed for the restaurant.

 

2 The site is zoned C-2, Restricted Commercial allowing restaurant uses, and on-sale beer and wine with approval of a Conditional Use Permit. Since the occupancy of the building will continue to be used for restaurant purposes there is no intensification of use, and no requirement for additional parking.

 

Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Conditional Use Permit:

 

1. The site is zoned C-2, 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 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, 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 January 18, 2005. Modifications to the plan shall be reviewed and may be approved by the Community Development Director.

2.         The hours of operation shall be limited to between 7:00 A.M. and 10:00 P.M. Sunday through Thursday, and between 7:00 A.M. and 11:00 P.M. on Fridays and Saturdays.

 

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 and in the parking 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 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 occupancy plan prepared by a licensed design professional, which shall be approved by the Community Development Department prior to final occupancy of restaurant, and posting of the occupant load. 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.

 

9.         The project and operation of the business shall comply with all applicable requirements of the Municipal Code.

 

10.       The Planning Commission shall conduct a review of the restaurant operations for compliance with the terms of the Conditional Use Permit 6 months after its opening. and in response to any complaints thereafter.          

 

 

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 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:

NOES:

ABSENT:

ABSTAIN:

 

CERTIFICATION

 

I hereby certify the foregoing Resolution P.C. 05- 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 January 18, 2005.

 

Sam Perrotti, Chairman                                                       Sol Blumenfeld, Secretary

 

January 18, 2004

Date