Subject: Adoption of the Modified Resolution for the Conditional Use Permit for on-sale beer and wine at 36 Pier Avenue (Zeppy’s Pizza)

 

At the meeting of March 28, 2000 the City Council approved the subject C.U.P on appeal. The approval included modifications to the conditions of approval to limit beer and wine sales and service to no later than 10:00 P.M.; to require a 6-month review; and to require a Parking Plan for the outdoor seating area.

The attached resolution reflects the action of the City Council.

 

RESOLUTION 00-

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT AT 36 PIER AVENUE LEGALLY DESCRIBED AS LOT 8, BLOCK 12, HERMOSA BEACH TRACT

 

Section 1. An application was filed by Zeppy’s Pizza, seeking approval of a Conditional Use Permit for on-sale beer and wine in conjunction with a restaurant.

Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for the Conditional Use Permit on January 18, 2000, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Based on the evidence, and the finding that the downtown district is already saturated with alcohol establishment, the Commission denied the requested Conditional Use Permit.

Section 3. The applicant filed an appeal of the Planning Commission’s decision.

Section 4. The City Council conducted a duly noticed de novo public hearing to consider the appeal on March 28, 2000, at which testimony and evidence, both written and oral, was presented to and considered by the City Council.

Section 5. Based on evidence received at the public hearing, the City Council Commission makes the following factual findings:

1. The subject restaurant space is approximately 1,005 square feet, with a small seating area, and is being remodeled to accommodate male and female bathroom facilities.

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.

Section 6. Based on the foregoing factual findings, the City Council makes the following findings:

1. The site is zoned C-2, and is suitable for the proposed use with the proposed amendment;
2. The proposed use is compatible with surrounding commercial and residential uses;
3. The imposition of conditions as required by this resolution, including limiting the hours for service of beer and wine to no later than 10:00 P.M. 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 7. Based on the foregoing, the City Council 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 City Council on March 28, 2000. Modifications to the plan shall be reviewed and may be approved by the Community Development Director
2. The business shall process a Parking Plan to accommodate outdoor dining pursuant to Section 17.44.210.
3. The hours for service and sales of beer and wine shall be limited to between 7:00 A.M. and 10:00 P.M. daily.
4. The City Council shall conduct a review of the operations of the business for compliance with the conditions of approval six (6) months from date of the approval. The Council 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.
5. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby.
6. 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.
7. 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.
8. 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 Commission.
9. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times.
10. Any significant changes to the 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.
11. The project and operation of the business shall comply with all applicable requirements of the Municipal Code.

 

Section 8. 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 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.

PASSED, APPROVED and ADOPTED this 28th day of March by the following vote:

Agendas / Minutes Menu     Agenda