HomeMy WebLinkAboutPC Resolution 91-24 - (934 Hermosa Ave)/ ' 1
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RESOLUTION P.C. 91-24
A RESOLUTION OF PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, TO AMEND THE CONDITIONAL USE PERMIT FOR AN EXISTING
RESTAURANT WITH BEER AND WINE SERVICE TO ALLOW A SPECIAL EVENT
FOR BENEFIT PURPOSES (ANNIVERSARY PARTY) ON APRIL 14, 1991, AND
CONTINUING ON AN ANNUAL BASIS SUBJECT TO PLANNING COMMISSION
APPROVAL IN THE OUTDOOR COURTYARD AT 934 HERMOSA AVENUE,
CALIFORNIA BEACH RESTAURANT, AND LEGALLY DESCRIBED AS LOTS 27,
28, 29, AND 30, TRACT 1564
WHEREAS, the Planning Commission held a public hearing on
April 2, 1991, to receive oral and written testimony regarding
the requested amendment to a Conditional Use Permit and made the
following findings:
A. The City Council approved a conditional use permit for
on-sale beer and wine in conjunction with a restaurant at the
subject location on August 8, 1978, and said C.U.P. was
amended pursuant to Resolution BZA 154-589 on June 17, 1985,
which incorporates by reference the conditions of the
original Conditional Use Permit;
B. The proposed amendment is to allow an anniversary celebration
for public benefit, with the first such event scheduled for
Sunday, April 14, 1991, from 3:00 P.M. to 7:00 P.M., with
future events on an annual basis at unspecified dates;
C. The use of the outdoor courtyard would be for service of food
and beer and wine for the anticipated overflow of people, the
outside area would not include outdoor music or
entertainment;
D. Granting the Conditional Use Permit amendment will not be
detrimental to surrounding properties because of the short
duration and infrequency of the proposed event, and strict
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compliance with conditions of approval will mitigate any
adverse impacts;
NOW, THEREFORE, the Planning Commission of Hermosa Beach,
California does hereby approve a Conditional Use Permit
Amendment, to authorize a special event for public benefit
purposes on an annual basis, subject to the following conditions,
which address the amendment and include all conditions applicable
to the daily operation of the business:
1. A special event for public benefit shall be permitted on an
annual basis subject to the following limitations:
a.
b.
C.
d.
e.
f.
The first special event, or "party", shall be conducted
between the hours between 3: 00 and 7: 00 P .M. on Apri 1
14, 1991, and any future events shall terminate before
7:00 P.M.
Any future annual events shal 1 be conducted on Sunday
afternoons only, and the City's Pol ice Department and
Fire Department shall be notified of the event, and the
appropriate licenses or permits obtained, at least two
weeks in advance of such events.
Any future annual events shall be for public benefit
purposes only. The Planning Department shal 1 be
notified in writing at least two months in advance of
the scheduled date with a statement and description of
the public benefit purpose of the event.
Any future annual events shall occur only in the month
of April, and shall not be on Saturdays.
The use of the outdoor courtyard area for live
entertainment or amplified music shall be prohibited.
The celebration shall be in compliance with all
requirements of the City of Hermosa Beach Department of
Public Safety and with the State Department of Alcoholic
Beverage Control.
2. Disruptions such as excessive noise, too many people, and/or
difficulty in dispersing the crowd, or similar problems will
be grounds for discontinuance of the event in the future by
the Planning Commission, and also for immediate termination
of the event by the police.
a. There shall be a maximum of two
pol ice response, unless in
responding officer(s) immediate
is necessary.
complaint~ ~esulting in
the op1n1on of the
termination of the event
The following conditions apply to the day to day operation of the
establishment:
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1. The service of beer and wine shall be in an establishment
that operates a ful 1 kitchen and provides ful 1 menus. The
primary purpose of the establishment shall be the service of
food. A restaurant is defined as having gross sales of a
minimum of 65% food and a maximum of 35% beer or wine sales
computed monthly. Upon request the City may request to
review all records submitted to the State Board of
Equalization and verify the applicant's books and records.
It is understood that the review of these records is
confidential.
2. The maximum occupancy for the interior dining area is 76, the
enclosed patio is 32, and the lower dining area is 30. The
areas shall be posted and violations of the maximum occupancy
shall be cited pursuant to the Uniform Fire Code.
3. The hours of operation shall be limited to between 11:00 A.M.
and 11:00 P.M.
4. There shall be no public address system allowed. All
recorded music shall be kept at levels that do not disturb
adjacent residential areas and there shall be not speakers
for recorded music in the outside courtyard area, or in the
enclosed patio.
5. Clean-up resulting in deli very of refuse to the trash bins
shall occur prior to 6:00 P.M.
6. The door leading to the alley shall be maintained in a closed
position after 6:00 P.M.. Means to open the door shall be
restricted to authorized personnel of the establishments.
7. The trash area shall be provided with a substantially tight
fitting door, and the roof top vent shall be removed.
Additionally the trash bins shall be cleaned or treated at
regular intervals to control odors
8. Food service shall be available at all times throughout the
restaurant.
9. The business shall provide adequate management and
supervisory techniques to prevent loitering, unruliness, and
boisterous activities of the patrons outside the business or
in the immediate area.
10. Noise emanating from the property shall be within the
limitations prescribed by the City's Noise Ordinance and
shall not create a nuisance to the surrounding residential
neighborhoods or commercial establishments.
11. Screens shall be installed on all openable exterior windows
at ground floor level to prevent pass through of alcoholic
beverages and to control flies.
12. Signs shal 1 be posted conspicuously and prominently at al 1
exits and all check-out stands warning patrons who purchase
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any and all types of alcoholic beverages that "possession
and/or consumption of alcoholic beverages in any public
sidewalk, parking lot, beach, and/or any public place is
prohibited by law and subject to citation and fine. The City
of Hermosa Beach vigorously enforces its liquor laws" Said
signs shall be at least 12" X 14", shall be printed in a
large type, permanently maintained, and shall be posted in
visible locations.
13. An employee who is
conditional use permit
business hours.
aware of
shall be
the
on
conditions of this
the premises during
a. All employees shall be given a copy of the conditional use
permit and shall acknowledge by signature that the
conditional use permit has been read and understood.
14. The exterior of the premises shall be maintained in a neat
and clean manner at all time.
15. All signs shall comply with the City Sign Ordinance.
16. All alcoholic beverages shall be served in non-throw-away
glass containers, including beer and wine.
17. Any violation of the conditions and/or violation
Hermosa Beach Municipal Code shall be grounds
immediate revocation hearing and/or citation.
of the
for an
18. The pol ice chief may determine that a continuing pol ice
problem exists and may require the presence of a police
approved doorman and/or security personnel paid by the
business.
19. Any changes to the exterior or interior design shall be
subject to review and approval by the Planning Director.
20. Prior to the conditional use permit being in effect, the
applicant shall submit to the planning department, a signed
and notarized "Acceptance of Conditions" form.
21. A conditional use permit shall be recorded with the deed, and
proof of recordation shall be submitted with the planning
department.
22. The Planning Commission may review the 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.
23. Each of the above conditions is separately enforced, and if
any of the conditions of approval is found to be invalid by a
court of law, all the other conditions shall remain valid and
enforceable.
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24. This resol ution incorporates where applicable and otherwise
supersedes the conditions contained in BZA Resolution
154-589, a nd in the Conditional Use Permit granted by the
City Council on August 8, 1978, for the subject site.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Di Monda,Marks,Peirce,Rue,Chmn.Ketz
None
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 91-24 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 Apri 1 2, 1991. ,-·/✓ •1 / •7
___ ,.., ~· / ~ -
~~Ke~h airperson -Micb:j ~(;;-;'.h~cretary
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