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HomeMy WebLinkAboutPC Resolution 87-04I • ( ~ RESOLUTION P.C. 87-4 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING A CONDITIONAL USE PERMIT FOR THE SALE 2 OF GENERAL ALCOHOLIC BEVERAGES AT 22 PIER AVENUE, THE END ZONE. 3 WHEREAS, the Planning Com.miss ion held a public hearing on 4 this matter on January 6, 1987 and made the following Findings: 5 1. The proposed use is compatible with the surrounding 6 neighborhood and consistent with the General Plan; 7 2. The imposition of conditions of approval will mitigate any 8 significant problems; 9 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission 10 does hereby amend the Conditional Use Permit for the sale of 11 general alcoholic beverages at 2 Pier Avenue to allow live 12 entertainment and dancing subject to the following conditions: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2 . 3. 4. Hours of operation shall be from 9:00 a.m. to 2:00 a.m. with no occupancy of the premises after 2:30 a.m. a. Live musical entertainment shall be permitted from 7:00 p.m. until 1:30 a.m. on Thursday through Sunday and on Federal and State holidays, Cinco De Mayo, and St. Patrick's Day. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of patrons outside the business or in the immediate area. 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, and/or commercial establishemnts. a. During the performance of any type of entertainment, the exterior doors and windows shall remain closed. b. Air conditioning shall be installed and maintained in working order. c. Sound dampening acoustical back drop shall be designed and installed in such a manner so as to baffle and direct the sound away from the entrance/exit and window areas. -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 . 6. 7 . 8. 9. d . Dual pane windows shall be provided on all windows. e . f. g. h. i. Loudspeakers shal 1 be oriented toward center of the room. An alcove shal 1 be provided at the front entrance as shown on submitted plans. Tectum shall be provided as stated in the attached accoustical report. Front and rear doors shal 1 be sealed as noted in the attached accoustical report. All music/entertainment volume levels shall conscientiously controlled by the management. be Hot meal service, including entrees as well as hors d'oeuvres, shall be available whenever alcohol is served. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of patrons outside the business or in the immediate area. The exterior facade and all signs shall be subject to review and approval by the Planning Commission. Operators of the business maintenance of the grounds establishment. shall be responsible for immediately surrounding the this Screens shall be installed on all openable exterior windows at ground floor level to prevent pass-through of alcoholic beverages and to control flies. 10. Signs shall be posted in a conspicuous location warning patrons of the illegality of open alcohol containers in any public areas such as the public sidewalk and beach. 11. A manager or clerk who Conditional Use Permit business hours. is shall aware of conditions be on the premises of the during a. Each man ager shall be giv e n a copy of the Conditional Use Pe rm it and shall ac k no wledge by signature that the Conditional Use Permit has been read and understood. 12. All alcoholic beverages shall be served in non-throw-away glass containers, including beer and wine. 13. The Police Chief may determine that a continuing problem exists and may require the presence of a approved doorman and/or security personnel. police police 14. Any violation of the conditions of app r o va l and/or violation of the Hermosa Beach Municipal Code ma y be grounds for a public hearing for the revocation of the Conditional Use Permit. -2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. The exterior of the premises shall be maintained in a neat and clean manner at all times. 16. Any changes to the interior layout shall be subject to review and approval by the Planning Commission. 17. Prior to a Conditional Use Permit being in effect, the applicant shall submit to the Planning Department, a signed and notarized "Acceptance of Conditions" form. 18. A Conditional Use Permit shall be recorded with the deed and proof of recordation shall be submitted to the Planning Department. 19. All permits required by the City of Hermosa Beach shall be obtained by the applicant by January 10, 1987. 20. The Planning Commission may review the Conditional Use Permit at 6 month intervals and may amend the conditions or impose any new conditions if deemed necessary to mitigate detrimental effects to the neighborhood resulting from the use. The Commission has the right to terminate the Conditional Use Permit if the conditions are not adhered to or if the subject use is contributing detrimentally to the surrounding neighborhood. 21. In the event that any one condition is found to be illegal or unenforceable by a court of competent jurisdiction, then the parties agree that all other conditions shall remain in full force and effect. The parties understand that the applicant is represented by counsel at all steps of this proceeding and it is th eopinion of the City Attorney that the conditions meets Constitutional requirements and in the event that either attorney is in error both parties agree that no action for damage shall be brought against the other party and that the exclusive remedy on behalf of the applicant is for a Mandate of Declaratory Relief to make the determination that any one or more conditions is illegal and unenforceable, and parties waive all rights to damages. VOTE: AYES: Comms.Rue,Compton,Peirce,Schulte,Chmn.Sheldon NOES: None ABSENT: None ABSTAIN: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 87-4 is a true and complete record of the action taken by the Planning Commission at their regular meeting ~~~ Cuc--She ~Chairman..___ Date C{4){£/; -3 - ( ( Davy & Associates, Inc. Consultants in Acoustics 865 Manhattan Beach Boulevard, Suite 202 • Manhattan Beach, California 90266-4911 • 213/546-3387 SITE OBSERVATION MEMORANDUM PROJECT: THE END ZONE 22 PIER AVENUE, HERMOSA BEACH JN: 86187 DATE: MEMO NUMBER: DECEMBER 17, 1986 S86187-l ATTENDANTS: BILL BASTIAN BRUCE DAVY 1. It was noted during the site observation, that the north windows facing Pier Avenue and the west windows facing the alley are recently installed dual pane aluminum frame windows approximately 7/8" thick. There appears to be a substantial air space between the two panes of glass on the order of 1/4" to 1/2". Only two of the nine windows have openable sections. The new windows appear to be equivalent to 1 11 insulating dual pane windows such as those manufactured by T.M. Cobb, Premiere Aluminum or Rolleze. The STC rating of these windows should be in the 30 to 32 range which means that they are very good windows for minimizing sound transmission. Windows with larger air spaces and higher STC ratings are not generally available for an installation such as the End Zone. The windows that have been installed should ~inimize sound transmission to the exterior. 2. All of the loudspeakers are hung from the ceiling and are oriented towards the center of the room. This orientation will minimize sound transmission to the outside of the restaurant. No additional recommendations are offered for changing speaker orientation. ( Memo N'.limber-S86187...'..l The End Zone ( December 17, 1986 Page Two 3. An alcove has been added to the inside of the north entrance door. This alcove should be very effective in minimizing sound transmission to the exterior when the entrance door is opened by a customer entering or leaving the End Zone. The alcove consists of 2x4 construction with gypboard on the inside and Homosote board on the outside. A vision glass panel consisting of two pieces of 1/4 11 glass with a 1 11 air space has been installed in the rear wall of the alcove. The shape and orientation of the alcove will be quite effective in minimizing sound transmission to the outside of the End Zone. It is recommended that a 1 11 thickness of National Gypsum Tectum be added to the inside of the alcove. It is also recommended that a layer of 1/2" gypboard be added to the outside of the alcove over the Homosote board. These additions will increase the effectiveness of the alcove. 4. It is recommended that Tectum be installed on l" furring strips on the east wall of the End Zone facing the alcove. This covering should extend from the telephone booth at the north end of the wall to a point just past the first false window. A l" thickness of Owens /Corning Type 701 fiberglass board should be installed under the Tectum between the furring strips. This recommended installation will make this wall opposite the alcove absorptive and prevent sound from reflecting into the alcove. The new Tectum material maybe painted with non-bridging paint to match the existing wall color. Flags, banners and material displays may be hung on the Tectum without decreasing its ·acoustical effectiveness. It is recommended that large glass enclosed pictures not be hung on the Tectum. 5. The main entrance door on the north side is solid core with a 1/4" tempered glass vision panel. It is our understanding that the molding for the vision glass has not yet been completed but it will be finished. There are extruded aluminum and vinyl bubble weather seals on three sides of the entrance door. It is recommended that a : 1 ., •• , . ( Mem6 ~~mber 886187-1 The End Zone ( December 17, 1986 Page Three threshhold ' and '-'automatic door bottom such as Pemko Model 430 be installed at the bottom of the entrance door. With ~he ~rovi~i6b of the bottom se~l, the acoustical sound reduc~ion -effectiveriess oi the ~~trance door will be optimum. -A Pemko automatic do~r bottom and weatherstrip seals are recommended for the rear door on the south side of · the -~nd Zone ~as ·weil. A catalog -cut sheet for the ~ecom~erided Pemko seal is atta6hed. 6. I have reviewed comments concerning other suggestions for cont~ining sound within the End tone~· I recommend that an acoustical '· tile ceiling · riot be -ini3talled. The reason for this is that more absorption provided over the band will in :fact' reduce noise ieveis iii ' that afea '·:6ut ·most bands tend to compensate for this by turning up their amplifiers to produce the same volume as would be there without the absorption. It is better from a sound containment standpoint to have the absorption concentrated ·on the wall 6~posite the _alcove and on the i~side .6f the al6ove itself. 7. Based on the items noted during our site observation and the recommendations discussed ·above, it is my opinion that all reasonable steps that could be taken to contain sound within the End Zone due to live music entertainment have been taken. Any additional noise mitigation would be administrative controls such as monitoring the sound levels of the bands themselves and requiring that they play at a level that is not in excess of the requirements of the Hermosa Beach Planning Commission. Distribution: Bill Bastian AUTOMATIC DOOR ·ebTTOMS (full scale except as noted) OP-OVERALL PRODUCT. IN PLACE -Automatic door bottoms cons ist o f a shell w it h a movable sealing strip. The movabl e pa re is actuated by a cam or p lun ger w hich contacts e j amb as the doo r is closed fo rci n g th e sea ling scrip down. O n o pening the door a spring mechan ism retu rns the strip to t he shell. All fl} Jtom arics are fu rn ished in stock sizes and are not hande d. Instruc tions are in cl uded for curring down co fi t the doo r and for changing from one hand to the othe r w hen necessary. Not recom mend ed for slidin g doors . . ' COMMERCIAL (HEAVY DUTY) SERIES U.S. Patent 3. 703. 788 ~34A MORTISE TYPE, aluminum with neoprene insert. For I¾" or Larger doors.¾" Max . drop . J !Door construction must be approved for mortise) 31(32'' , . ,. --~-· ·--... <iIDD 1/a" -FLANGE 12¥4" 1¾" 1.o------:-----2¼''------ 20 ~ Pemko. Inc . 420AS w/S2 SillconSeal'" • Full internal vinyl wiper seal. • .Simple reverse right to left. ·• Furnished with end closure. • 434 and 430AM furnished net length . • 430AS furnished½" under given size . • Stock sizes 32", 36". 42" and 48". • May be cut down approximately 2" and still function effectively. • Extruded EPDM sponge neoprene remains pliable down to -70°F.' • 3/4 • maximum drop. 430AS SURFACE TYPE (shown) ANOD. ALUM. ·~. 430DS BRONZE ANOD . ALUM . --430AM SEMI-MORTISE TYPE , anodized aluminum . Neoprene insert, ¾" Max. drop. 430OM BRONZE ANOD . ALUM. !Note: Same model used for 430AS and 430AM with different drilling.) {Anodized Aluminum Case) 277 AN EXTRUDED ALUMINUM and closed cell EPDM sponge neoprene R6130 class II grade C material remains 277DN BRONZE ANOD. ALUM. • ('✓-J "iabre down ro -10°, ~ [,i;(Q;[''"~ 1!d)fii'f'8~G ~NJK:1l r?P..ANT ··/·226 ~,-ansport St., Ventura, CA 93003 PHONE: (805) 642-2600 (?.O. Box 3780, Ventura, CA 93006) © Pemko. Inc. .­\ .. ·.· ,, 19 • W. G. Summers, Jr. . ,. 4764 Royal Meadow Drive -Liverpool. New York 13088 315 457•7531 I • , • 20 • Perlman Associates . P.O. Sox 45.Acco rd Branch Hingham. Massachuseas • 02018 617 7i9-l840 23 • Maurice Forget • 144, Bou/. Desmarcha l~ Verdun. PO H4H IS3 514 767-84-07 24 ; Merl ~rson & Assoc. • • •· 2639 Cavendish Road Burlington. ON L7P 3Wo ,, 416 335-2069 lSlRANCl!=ll Of'fnCE AND !PLANT 5535 Distribution Dr. ( Box 18966) PHONE: (901) 365-2160 Memphis, TN 38118 fiilRA NCH PLANT also in Whittier, CA . . :. .. . ,· .. •,