HomeMy WebLinkAboutRES-97-5847 (CUP/4 & 8 PIER AVE/APPROVE)1
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RESOLUTION NO. 97-5847
A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA,
REVERSING THE DECISION OF THE PLANNING COMMISSION, ON APPEAL, TO
APPROVE A CONDITIONAL USE PERMIT, AS AMENDED, AND A PARKING PLAN
TO ACCEPT IN -LIEU PARKING FEES, TO ALLOW EXPANSION OF AN EXISTING
BAR AND RESTAURANT WITH ON -SALE ALCOHOL AND LIVE ENTERTAINMENT
INTO THE ADJACENT BUILDING SPACE TO THE WEST AND TO ADD A ROOF -
DECK, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 4 & 8
PIER AVENUE, LEGALLY DESCRIBED AS THE WESTERLY 75 FEET OF THE
NORTHERLY 45 FEET OF LOT 5, BLOCK 12, HERMOSA BEACH TRACT
WHEREAS, the City Council held a public hearing on February 25, 1997, to consider an
appeal of the Planning Commission's decision to deny the subject Conditional Use Permit and
Parking Plan amendment and to consider oral and written testimony on the matter, and;
WHEREAS, the Planning Commission held a public hearing on the subject Conditional 1
Use Permit and Parking Plan amendment at their meeting of January 21, 1997, and denied the
request as set forth in Planning Commission resolution 97-5, and;
WHEREAS, after considering the decision of the Planning Commission and their record of 1
decision, and the testimony at the public hearing, the City Council disagrees with the Planning
Commission, and disagrees with the findings and the conditions contained within Planning
Commission Resolution 97-5, and;
WHEREAS, the City Council considered the proposed amendments to the conditions of
the original approval of the subject Conditional Use Permit and Parking Plan as contained in
Resolution P.C. 96-11 and made the following Findings:
A. The applicant is proposing to remodel the interior of the adjacent existing building,
previously used for a restaurant with beer and wine, for purposes of expanding an existing
bar and restaurant with on -sale alcohol and live entertainment, and is proposing to add a
roof -top deck and seating area and additional bar service areas;
B. The additional parking required for this expansion is reduced to 65% of the amount
of the floor area that exceeds a 1:1 F.A.R. as it is located within the Downtown
Enhancement District (DED), and pursuant to Section 1152.5 of the Zoning Ordinance and
pursuant to the Certified Coastal Land Use Plan, as recently amended, development in the
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DED on building sites 10,000 square feet or less with 1:1 F.A.R. or less is excepted from
parking requirements and the area that exceeds is reduced to 65% of parking required as
supported by the following findings:
1. Fewer than 96,250 square feet of commercial development, including new
buildings, expansions, and/or intensification of uses in the DED has received a
Coastal Development Permit since November 1, 1994.
2. There is currently adequate parking to support the development and to
provide adequate beach parking.
3. A parking study recently completed for the downtown show the occupancy
of the parking spaces in the downtown is 90% or less during daylight hours on
summer weekends, and no more than 24,063 square feet of commercial
development has occurred since the study.
C. The expansion of the existing restaurant/bar into a former restaurant is appropriate
for the subject location and will be compatible with surrounding commercial activities along
Pier Avenue and in the downtown district;
D. Strict compliance with the conditions of approval will mitigate any negative impact
resulting from the issuance of the Conditional Use Permit.
F. The City Council concurs with the Staff Environmental Review Committee's
recommendation, based on their environmental assessment/initial study, that this project will
result in a less than significant impact on the environment with the mitigating conditions of
the resolution incorporated into the project, and therefore qualifies for a Negative
Declaration
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL DOES HEREBY
REVERSE THE DECISION OF THE PLANNING - COMMISSION AND APPROVES A
CONDITIONAL USE PERMIT AND PARKING PLAN, AS AMENDED, SUBJECT TO
CONDITIONS AS SET FORTH BELOW (WHICH SUPERSEDE THE CONDITIONS OF
P.C. RESOLUTION 90-78, 91-52 AND 96-11):
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SECTION 1. Specific Conditions of Approval
1. The development and continued use of the property shall be in conformance with
submitted plans. 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 AM. and 2:00 AM. daily.
3. The business shall participate in the City's downtown parking validation program,
providing validations for parking in public lots for no less than two hours.
4. A in -lieu fee or fund transfer approved by the Downtown Enhancement Commission
shall be provided in the amount of $12,000 to a parking improvement fund, in -lieu
of providing the required two additional parking spaces on site, prior to occupancy
of the expanded roof deck seating area.
5. Architectural treatment shall be as shown on building elevations of submitted plans
and any modification shall require approval by the Community Development
Director.
a. Any roof -top equipment shall be integrated into the architecture and be
hidden from street view.
6. The project shall comply with the requirements of the Public Works Department.
7. Final building plans/construction drawings including site, elevation, floor plan,
sections, details, landscaping and irrigation, submitted for building permit issuance
shall be reviewed for consistency with the amended plans including two bars in the
expansion area of the project and the conditions of this resolution, and approved by
the Community Development Director prior to the issuance of any Building Permit.
8. The building shall be equipped with acoustic features to maximize sound proofing
which shall include the use of double -pane windows or an equivalent, and the
installation of air conditioning so that windows and doors can remain closed during
performances. Any additional acoustic treatment shall be provided in the interior if
necessary to comply with City's noise ordinance.
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9. A minimum 5-foot high solid protective barrier shall be provided and maintained on
all sides of the roof -top deck seating area, and amplified music or sound of any kind
live entertainment shall be prohibited on the roof -top deck seating area.
10. The hours for live entertainment shall be limited to the hours between 9:00 P.M. to
1:15 A.M. Monday through Friday, and from 2:00 P.M. to 1:15 A.M. on Saturday,
Sundays, and Federal and State Holidays, Cinco De Mayo, and St. Patrick's day.
11. 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. Noise emanating from the
property shall be monitored to verify compliance with the noise ordinance in
response to any complaints.
12. Management shall be responsible for the music/entertainment volume levels.
13. During the performance of amplified live entertainment, the exterior doors and
windows shall remain closed.
SECTION 2. General operating and standard conditions:
1. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
2. The business shall prevent loitering, unruliness, and boisterous activities of the
patrons outside the business, or in the immediate area.
3. 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.
4. The exterior of the premises shall be maintained in a neat and clean manner, and
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maintained free of graffiti at all times.
5. Any changes to the interior layout which alter the primary function of the business
shall be subject to review and approval by the Planning Commission.
6. The project and operation of the business shall comply with all applicable I
requirements of the Municipal Code.
SECTION 3.
This grant shall not be effective for any purposes until the permittee and the owners of the I
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 shall be recorded, and proof of recordation
1 shall be submitted to the Community Development Department.
Each of the above conditions is separately enforced, and if one of the conditions of approval
I 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 Government Code Section 65907. 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
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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.
PASSED, APPROVED, and ADOPTED this 25th day of February, 1997.
of the City Ca it and MAYOR of the City of Hermosa Beach, California
CITY CLERK
APPROVED AS TO FORM:
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CITY ATTORNEY
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 97-5847 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at a Regular Meeting of
said Council at the regular place thereof on February 25, 1997.
The vote was as follows:
AYES:
Benz, Edgerton, Oakes, Mayor Reviczky
NOES:
None
ABSTAIN:
None
ABSENT:
Bowler
DATED: February 27, 1997
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Deputy City Clerk