HomeMy WebLinkAboutRES 07-6531 (CUP PERMIT)1
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RESOLUTION NO. 07-6531
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, SUSTAINING, WITH
MODIFICATIONS, THE PLANNING COMMISSION DECISION TO
MODIFY A CONDITIONAL USE PERMIT FOR ON -SALE
GENERAL ALCOHOL, LIVE ENTERTAINMENT AND OUTDOOR
DINING, IN CONJUNCTION WITH AN EXISTING RESTAURANT
AT 705 PIER AVENUE, KNOWN AS "CLUB 705" AND "SAFFIRE"
SECTION 1. At the initiation of the Police Department and the Community
Department, the Planning Commission on December 6, 2006 and January 16, 2007 conducted
duly noticed public hearing to consider the revocation or modification of the Conditional Usi
Permit governing the business at 705 Pier Avenue, approved March 18, 1997 (P.C. Resolution 97
26), and amended May 5, 2001 to allow outside dining (P.C. Resolution 01-18), pursuant tc
Section 17.70.010 of the Zoning Ordinance at which testimony and evidence, both written an(
oral, was presented to and considered by the Planning Commission.
SECTION 2. Following the public hearing, on January 16, 2007, the
Commission modified the Conditional Use Permit for on -sale general alcohol by
additional operating conditions and prohibiting live entertainment and outdoor dining in
restaurant as set forth in Planning Commission Resolution 07-1.
SECTION 3. The current owner of Club 705, pursuant to Section 17.56.070 of
Municipal Code, filed an appeal of the decision of the Planning Commission.
SECTION 4. The City Council conducted a duly noticed public hearing to consider
appeal of the decision of the Planning Commission on March 27, April 10, April 24, and May 8
2007, at which the record of the decision of the Planning Commission and additional
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, City Council makes
following findings to modify the Conditional Use Permit, pursuant to Section 17.70.010 of
Municipal Code:
A. The Hermosa Beach Chief of Police reported a history of major disturbances at
location under prior club ownership due to unruly behavior of the patrons and
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management of the restaurant, including overcrowding, repeated noise violations, loitering,
assaults, serving alcohol to underage customers, and public intoxications.
B. Planning Commission Resolution 97-26 (Condition No. 1) requires that the
shall be consistent with submitted plans and (Condition No. 2) provides that the "prim,
emphasis of the business shall be maintained as a restaurant. Live entertainment shall
secondary and shall not be a separate or main attraction or promoted as such." The business 1
regularly been advertised as a lounge, disco, and venue for special promoted events, which
inconsistent with these conditions of the CUP. Also, the Police Department reports that i
business has regularly removed tables and chairs inconsistent with the approved floor plan, whi
specifically identifies these areas for restaurant seating, in order to accommodate the spec
promoted events and dancing in violation of these conditions. The current owner continues
promote the business as a nightclub as evidenced by advertisements on its website, however, t
owner's track record since January 2007 has improved with respect to the number of police c
Outs.
C. The Police Department response calls indicate that the business has not
providing adequate supervision since patrons were reported by the Police Department to be un.
and boisterous, and allowed to loiter around the building and parking area. Therefore the busil
has not used management and supervisory techniques to prevent this behavior as required by
CUP (P.C. Resolution 97-26, Section II, Condition No. 2).
D. The business has for a considerable period of time offered its patrons amplified
entertainment without ever receiving approval of the acoustical study required by the CUP. (P.C.
Resolution 97-26, Section I, Condition No. 4).
E. This repeated pattern of disturbances and other violations was determined to be
result of poor management, staffing, and supervisory techniques contrary to the terms of i
Conditional Use Permit, and contrary to what is required of any responsible operation of
establishment serving general alcohol under the license granted by the State Department
Alcohol Beverage Control. This behavior adversely affected the public welfare and the welfare
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surrounding residential and commercial uses and caused excessive noise and creating a
which is also inconsistent with the requirements of the Conditional Use Permit.
F. The area approved for outdoor dining use, approved in May 2001, has not
used for that purpose (i.e. for seating or dining), and when used in conjunction with the business
a smoking or standing area has contributed to the noise and nuisance problems associated with
business.
G. Based on the evidence provided by the Police Department, the business has been
operated contrary to the terms and conditions of the permit and in violation of the Municipal Code,
Penal Code and Fire Code.
SECTION 6. The City Council finds that the decision of the Planning Commission was
justified by the evidence in the record. The Council also acknowledges that in the past four
months while this matter has been pending, the number of police call -outs has diminished and the
new owners have maintained better control of the premises and its patrons than previously. The
Council finds that modifications to the existing conditional use permits are necessary to protect the
City against a recurrence of the problems that have plagued the business, but that the modifications
should not, at this juncture, be as severe as adopted by the Planning Commission. The new
conditions, set forth below, are calculated to prevent the recurrence of the problems identified in
Section 5 above, while still allowing the permittee to provide live entertainment and later
operating hours on the weekend. Based on the foregoing, and pursuant to Section 17.70.010 of the
Zoning Ordinance, the City Council on appeal hereby sustains in part and reverses in part the
decision of the Planning Commission, modifies the Conditions of Approval of the Conditional Use
Permit for on -sale alcohol and live entertainment in conjunction with a restaurant, all subject to the
following conditions, which supersede the conditions contained in P.C. Resolutions 97-26, and 01-
18:
1. Permitted use.
1.1. The business shall be operated as a bona fide restaurant: The kitchen shall
equipped to prepare food from its component ingredients; whenever the restaurant is open it
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offer a full -service lunch and/or dinner menu; food service from the menu shall be available all
hours that the establishment is open for business.
1.2. Live entertainment incidental to food service is permitted. This may include
dancing to amplified music (with or without a disk jockey); live musical performance; and live
performances of other kinds. Only one dance floor and one stage for live performance is
permitted, consistent in size and location with the approved floor plan, as well as a piano in the
location indicated in the approved floor plan. Live entertainment and dancing shall be
"incidental" in the sense that it serves to entertain customers who are in the premises for the
purpose of dining and with the exception of the pianist, entertainment shall be limited to the
easterly third of the restaurant as shown in the approved floor plan. The dining areas in the
westerly portion of the restaurant shall not contain televisions.
1.3. Alcohol may be served for on -premises consumption in a manner consistent with
the license issued by the Alcohol Beverage Commission.
1.4. Admission shall not be charged for entrance into the business except on Thursday
through Saturday, nor shall drink minimums of any kind be imposed at any time.
1.5. Entry into the business shall not be limited to persons 21 years of age or older.
2. Floor plan.
2.1. The furniture and interior improvements within the business premises shall
conform to the floor plan attached as Exhibit A. Tables and chairs shall be conventional dining
height and size (i.e. not bar height or cocktail table size). The area devoted to entertainment
staging and dancing shall be as delineated in the floor plan. Other than trivial or insignificant
deviations in the placement or arrangement of furniture, no change whatsoever shall be made to
the interior of the premises that is inconsistent with the approved floor plan absent approval by the
Planning Commission by way of a modification to this Conditional Use Permit. A fully
dimensioned floor plan consistent with the requirements of this condition prepared by the business
is attached as Exhibit A. To the extent that the current configuration of the restaurant does not
conform to the requirements of this condition, the restaurant shall be re -configured to conform to
these requirements by not later than July 8, 2007. Should the permittee fail to meet this deadline, a
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public hearing shall immediately be scheduled before the City Council to consider revocation
the Conditional Use Permit.
2.2. Under no circumstances shall furniture or other interior/exterior improvements
rearranged to accommodate more dancing, more entertainment or greater occupancy
approval of the Planning Commission as prescribed in paragraph 2.1.
2.3. After 10:00 p.m. every night of the week, the exterior access at the northwest side
of the restaurant into the garage shall be used for egress from the restaurant only, and the permittee
shall install appropriate signage restricting that door to egress only. The north parking area
(garage) shall be used exclusively for vehicular parking and no other purpose.
2.4. Occupancy shall not exceed the permitted occupancy load as prescribed by the
Building Code, based on the floor plan shown in Exhibit A and review and approval of a code
complying seating plan. An approved occupant load sign shall be posted in the business as
directed by the Fire Department. Any single occupancy violation in excess of ten percent (10%) or
repeated lesser violations of occupant load shall result in the immediate scheduling of a hearing
before the Planning Commission to consider modification or revocation of this Conditional Use
Permit.
2.5. The outdoor paved area between the restaurant and public sidewalk on
Avenue shall not be included as part of the plan for the restaurant, and shall not be used
outdoor dining. No food or beverage service or other customer use is permitted in this area.
2.6. Vehicles exiting the parking garage after 10:00 p.m. every night of the week
exit onto Ardmore Avenue to the left (southbound) only. The permittee shall install signs to the
satisfaction of the Director in the garage alerting motorists to this requirement.
3. Operating hours.
3.1. The hours of operation for all operations of the restaurant, including the
lounge/bar areas, shall be limited to between 7:00 A.M. and 2:00 A.M. daily. All customers shall
vacate the premises by not later than the required closing times and the doors shall be locked.
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3.2. The enclosed outdoor patios shall be equipped with standard dining tables and
chairs and provided food and beverage service during hours the restaurant is open for business.
There shall be no amplified music, televisions or speakers within these outdoor patios.
14. Noise attenuation.
4.1. The permittee shall implement the noise control recommendation in the acou
study dated April 17, 2007, and attached hereto as Exhibit B, to the satisfaction of the
pursuant to the schedule attached hereto as Exhibit C.
4.2. In no event shall continuous, sustained or repeated noise from the business be
audible at the property line of any residential premises at any time.
4.3. The business shall comply in all other respects with Municipal Code Chapter 8.24
(Noise Control), and noise from the premises shall not constitute a public nuisance.
4.4. The business shall install an audio control system using an outboard
that is locked in an enclosure accessible only to business management. The volume of
I entertainment in the restaurant shall not exceed 95dBA.
4.5. The business shall install a sign on the exit door leading into the garage w
lettering not smaller than four (4) inches in height asking patrons to exit the premises and
garage quietly out of respect for the residential neighbors. The sign shall read substantially
follows: "PLEASE LEAVE THE RESTAURANT AND OUR GARAGE QUIETLY. THAT
YOU."
5. Trash storage and collection.
5.1. The refuse containers/bins utilized by the business shall be secured and locked daily
so that they are not susceptible to illegal scavenging.
5.2. Every night at closing, the permittee shall collect trash from the sidewalk and
landscape areas adjoining the front of the premises (from Valley Drive to and including the
stairway leading up to the Plaza Hermosa parking lot), along Valley Drive (from Pier Avenue
northerly to the entrance to the parking garage) and within the parking garage.
5.3. The exterior of the premises shall be maintained in a neat and clean manner and
free of graffiti at all times.
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5.4 The permittee shall at all times be in compliance with applicable requirements
the National Pollution Discharge Elimination System (NPDES) and permits issued thereunder.
6. Nuisance avoidance and patron behavior
6.1. The business shall not operate in a manner that adversely effects or interferes
the comfortable enjoyment of neighboring residential and commercial property.
6.2. The business shall employ adequate staffing and management/supervision
prevent serving underage persons, over -serving alcohol, and loitering, unruliness and
behavior by patrons both inside and outside in the immediate area of the premises.
6.3. A security and lighting plan for the entire premises shall be submitted for
and approval of the Police Chief and shall be implemented on site.
6.4. If the Police Chief determines that there are a disproportionate number of
calls to the business due to the disorderly or disruptive behavior of patrons and the inability
refusal of the business to manage its patrons, the Chief shall so notify the Director of Commun
Development, who shall forthwith schedule a public hearing before the Planning Commission
consider modification or revocation of this Conditional Use Permit,
7. Miscellaneous conditions
7.1. The operations of the business shall be reviewed by the City Council at a public
hearing scheduled for January 8, 2008 to verify conformance with the conditions of approval and
requirements of this Conditional Use Permit. The City Council may on its own motion accelerate
the date of this review hearing.
7.2. The permittee shall comply with all ordinances, regulations and laws applicable to a
business of this kind in effect as of the date hereof or hereafter adopted.
7.3. In addition to any other remedy available at law, in equity or as provided in the
Municipal Code, any: (i) significant or material violation, or (ii) any repeated, continuous or
sustained violation of any condition of approval of this Conditional Use Permit shall constitute
cause for revocation of this Permit. The permittee shall be required to reimburse the City fully for
its costs and expenses, including but not limited to attorney's fees, in undertaking any such
corrective action. Reimbursement of enforcement costs shall constitute a civil debt and may be
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collected by any means permitted by law. In the event that violations of this permit occur, the
shall refrain from issuing further permits, licenses or other approvals until such violation has
fully remedied.
7.4. The provisions of this Conditional Use Permit shall take effect immediately
adoption by the City Council. This Conditional Use Permit shall supersede and replace all previou
Conditional Use Permits previously approved for the property — P.C. Resolutions Nos. 97-26 and 01
18 are hereby rescinded and are of no frther force and effect.
SECTION 7. The Conditional Use Permit, as modified, shall be recorded, and proof o
recordation shall be submitted to the Community Development Department.
Each of the above conditions is separately enforced, and if one of the conditions o
approval is found to be invalid by a court of law, all the other conditions shall remain valid ani
enforceable.
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 hereafter adopted
that is 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
subject conditions or impose any new conditions if deemed necessary to mitigate
effects on the neighborhood resulting from the subject use.
PASSED, APVED and ADOPTED this 8th day of May 2007.
FATTEST:
Clerk
of the City Council
of the City of Hermosa Beach, California
City Attorney
e
07-6531
Exhibit A
H
Davy
& Associates, inc.
Consultants in Acoustics
Exhibit B
2629 Manhattan beach Blvd. Suite 212 • &dondo Beach, CA 90228-1604 • Tel: 310-643-5161 m F=.- 310-643.5364 • Bmail:DavyAssoc@aal,com
JN2007-25
RECEIVED
APR s 7 N97
C0w%F,UN11rf DBI CEPT.
ACOUSTICAL, ANALYSIS
Club 705
Hermosa Beach, California
FOR
Club 706
Hermosa Beach, California
April, 200'7
1.0 introduction
At the direction of Club 705 , Davy & Associates, Inc. has completed acoustical
measurements to determine potential noise impacts from amplified music in the Club at
the residences to the north and to the west.
Noise levels were measured outside the Club while amplified music was being played.
These measured exterior noise levels were compared with the requirements of the City
of Hermosa Beach Noise Ordinance.
2.0 Noise Measurements
Noise levels were measured outside the Club on Friday, March 23, 2007 between the
hours of 9:30 p.m. and 11:30p.m.. Noise levels were measured at The Commodore
residences at 1600 Ardmore Avenue to the north of the Club, in the 1500 block of
Valley Drive in front of the mobile home park to the west of the and in the 700 block of
Pier Avenue opposite the entrance to the Club.
All measurements were made with a Larson Davis Model 820 precision Integrating
sound level meter. The meter was calibrated With a B&K Model 4230 acoustical
calibrator prior to the measurements and following the measurements. The 820 meter
displays the equivalent noise level (LEQ) which is the average noise level over the
measurement period.
At all three locations, traffic noise from vehicles on Pier Avenue, Valley Drive and
Ardmore Avenue were the dominant noise sources. Noise levels from the Club were
not audible at any of the measurement locations between 9:30 p.m. and 11:30 p.m.
The results of the measurements are summarized in Table 1.
Table 1
Measured A -weighted Noise Levels in dB
Location Traffic Noise Club Music
1600 Ardmore 62.0 dBA Not Audible
1500 block of Valley 63.0 Not Audible
700 block of Pier 67.5 Not Audible
Interior noise measurements were also made inside the Club in the 11:00 p.m. time
range when the Club appeared to be at nearly full capacity and live music was being
played. These measurements indicated an average noise level of 90 to 95 dBA in the
disco area.
An attempt was also made to measure noise levels in the parking structure outside the
restaurant entrance to the Club. Noise levels from the Club were not audible inside the
parking structure between the hours of 9:30 p.m. and 11:30 p.m. It should be noted
that the disco area is separated from the restaurant area by glass doors that were
closed during the time we were there. Additionally, the restaurant is separated from
the parking structure by a vestibule with glass doors at each and. Based on this
arrangement of the rooms within the Club, the noise attenuation between the disco area
and the parking structure would be at least 60 dB. This means that will a sound level
of 95 dBA in the disco area, noise levels in the parking structure would not exceed
35 dBA. Because the parking structure is open to Ardmore Avenue, noise levels from
traffic on Ardmore, Valley and pier Avenue are in the 60 dBA range. Therefore, it is
very unlikely that noise levels from the disco area would be audible in the parking
structure at any time.
3.0 Hermosa Beach Noise Ordinance Requirements
Chapter 8.24 - Noise Control of the Hermosa Beach City Code states that for
commercial establishments adjacent to residential property, noise from the premises of
any commercial establishment including any outdoor dining area part of the
establishment between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible at
the residential dwelling units' property tine is prohibited
5.0 Noise Control Recommendations
Even though the Club complies with the requirements of the Hermosa Beach Noise
Ordinance with no special mitigation while operating with amplified music in the
90-95 dBA range, the following recommendation is made to maximize the noise
altenuation of the building that houses the Club.
Install an audio level control system to ensure that untrained persons or
musicians can not turn the volume inside the Club up above 95 dBA..
This would involve using an outboard pre -amplifier that can be locked in
an enclosure. The volume of the main amplifier should be set at
maximum and the output of the pre -amplifier adjusted to provide a sound
level in the Club of no more than 95 dBA which is considered to be a
typical and reasonable level for a disco of this size. The pre -amplifier
would then be locked in the enclosure and the key would be accessible
only to the Club owner. Musicians and other personnel could then turn
the volume down from the 95 dBA preset level with the volume control on
the main amplifier but could not turn the volume up above this preset
level.
4.0 Summary of Results
Based on this analysis, noise levels from the Club are in compliance with the Hermosa
Beach Noise Ordinance. These noise levels will also be much less than existing
ambient nosie. levels in the surrounding neighborhoods when amplified music is
operating at an interior level of 95 dBA or less.
Bruce A_ Davy, P.E.
Davy & Associates, Inc.
I.N.C.E. Board Certified
Exhibit C
Conditional Use Permit - 705 Pier Avenue — Schedule for Compliance
June 8, 2007 A complete code complying seating and occupant load plan
consistent with the floor plan (Exhibit A) shall be prepared by a
licensed Architect and submitted to the City for review.
July 8, 2007 The reconfigured floor plan (Exhibit A) and seating plan shall be
implemented within the premises.
July 8, 2007 The noise control recommendation from the April 17, 2007
acoustical study shall be implemented.
January 8, 2008 City Council public hearing to review conformance with CUP
conditions of approval
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 07-6531 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 May 8, 2007.
The vote was as follows
AYES:
Bobko, Reviczky, Mayor Edgerton
NOES:
Keegan, Tucker
ABSTAIN:
None
ABSENT:
None
Dated: May 22, 2007
E aine Doerfling, Ci Clerk