City of Hermosa Beach --- 10-27-98

SUBJECT: RECONSIDERATION O F CONDITIONAL USE PERMIT

AMENDMENT 98 -8


LOCATION: 934 HERMOSA AVENUE


APPLICANT: KEVIN WALL

PACIFIC FOODS


REQUEST:

1. EXTEND OPERATING HOURS FROM 11AM - 11PM TO 8AM TO 2AM, DAILY.

2. TO ALLOW ON-SALE GENERAL ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT.


Recommendation:

Sustain Planning Commission's approval of the Conditional Use Permit Amendment 98-8


Background:

ZONING: C-2, Restricted Commercial

GENERAL PLAN: General Commercial

FLOOR AREA: 3,469 Square Feet

PARKING: 22 Spaces Shared in Retail Office Building.

ENVIRONMENTAL DETERMINATION: Categorically Exempt


In 1978 the City Council granted a Conditional Use Permit (CUP) for beer and wine in conjunction with a restaurant at the subject location. In 1984, the Board of Zoning Adjustment granted an amendment to the existing CUP to expand into the adjacent floor space. In 1995, the Planning Commission approved a Master Parking Plan for the entire office/retail complex on the subject property. The property is zoned C-2, with commercial uses located to the north and south, and residential uses to the east.


Analysis:

The applicant is requesting permission for full service alcohol with the primary use as a restaurant. No expansion is proposed, but changes to the interior floor plan are planned which include an increase in the amount of table seating. The applicant describes the restaurant as "tappas" style which offers a broad menu of smaller portioned meals. There is no proposed outdoor/patio seating. No new project plans have been submitted.


The attached resolution incorporates previous conditions relating to the restaurant use included in the original CUP and subsequent amendments to mitigate nuisances to the residential uses abutting the subject property on the east, such as noise. Several letters protesting the proposed use were received relating to the previous restaurant tenant. Staff believes that with completion of the required conditions, noise problems related to the proposed use will be mitigated.1 These conditions include:

  • Closing off garage parking along Palm Drive adjacent residential uses
  • Reconfiguration of storage and trash areas adjacent Palm Drive to eliminate through pedestrian access from the courtyard to Palm Drive.
  • Eliminating amplified music and use of a P.A. system in the court yard area


The Master Parking Plan approved in 1995, but never fully implemented was intended to mitigate nuisances to adjacent residences to the east by eliminating garaged parking spaces along Palm Drive and allowing the space to be used as additional office and storage for existing businesses. This change would also eliminate the need for customers and employees to use Palm Drive as access to the building. The intent was to eliminate the problems created by pedestrian traffic from the building to Palm Drive. (Please see Attachment No. 4). Three additional parking spaces were to be replaced in the subterranean garage of the building by eliminating existing storage areas.


The applicant has indicated that the required improvements will be completed and recently submitted plans and received a building permit for the work. Staff has included conditions in the attached Resolution that these improvements be completed prior to issuance of any other building permits for the restaurant project.


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Notes

1. The previous restaurant tenant, California Beach, had not completed closing off the garage parking as originally required which created conflict with adjacent neighbors. Staff was involved in responding to complaints with California Beach in 1994 when the restaurant would periodically not comply with the requirements of their CUP. The restaurant subsequently moved to a new facility and the garage and access conditions remained.


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RESOLUTION NO. 98-


A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, SUSTAINING PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT, AMENDMENT TO ALLOW GENERAL ALCOHOL SALE AND EXTENDED HOURS OF OPERATION, IN CONJUNCTION WITH A RESTAURANT AT 934 HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOT 27-30, TRACT NO. 1654


WHEREAS, the City Council held a public hearing on October 27, 1998, to consider an appeal of the Planning Commission's decision to approve the subject Conditional Use Permit Amendment, and to consider oral and written testimony on the matter;


WHEREAS, the Planning Commission held a public hearing on the Conditional Use Permit Amendment, at their meeting of September 15, 1998, and approved the request subject to conditions as contained in Planning Commission Resolution 98-57;


WHEREAS, after considering the decision of the Planning Commission and their record of decision, and the testimony at the public hearing, the City Council agrees with the Planning Commission, and agrees with the findings and the conditions contained within Planning Commission Resolution 98-57, which are incorporated herein by reference;


NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL DOES HEREBY SUSTAIN THE DECISION OF THE PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS AS SET FORTH IN P.C. RESOLUTION 98-57


PASSED, APPROVED, and ADOPTED this day of , 1998,


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