HomeMy WebLinkAboutPC Resolution 87-351
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RESOLUTION P.C. 87-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CHANGE
THE USE OF THE SITE FROM A BAR TO RESTAURANT WITH ON SALE ALCOHOL
AND TO AMEND THE CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AT
8 PIER AVENUE, HENNESSEY'S TAVERN.
WHEREAS, the Planning Commission held a public hearing on
June 2, 1987 to receive oral and written testimony regarding this
matter pursuant
Findings:
to applicable law and made the following
A. The Board of Zoning Adjustments approved Resolution BZA
154-391 on December 15, 1980 to allow amplified music at a
bar at 8 Pier Avenue;
B. The existing use of the site is a bar and has a type 48 ABC
Liquor Permit which permits on-site sale of alcoholic
beverages in a general public premise;
C.
D.
The applicant proposes to amend the Conditional Use Permit,
Resolution BZA 154-391, to change the use of the site from a
bar to a restaurant;
The applicant would like to change his existing liquor
license to a type 47 ABC Permit which allows on-site sale of
alcoholic beverages in a general eating area and allows
minors;
E. The site is in violation of several of the existing
conditions of the Conditional Use Permit;
F.
G.
The proposed use is compatible with the surrounding vicinity
and is consistent with the General Plan;
The imposed conditions of approval will mitigate any
significant problems;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California does hereby amend
the Conditional Use Permit to change the use of the site from
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a bar to a restaurant to allow minors subject to the
following conditions:
1 1.
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This Conditional Use Permit is issued exclusively for and so
long as the premises remain a restaurant. A restaurant is
defined as having a minimum of 50% gross sales of food
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 unders too d that the review of these records is
confidential.
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2.
3.
4.
5.
6 .
7 .
8.
9.
a. No reduced rates or bargain prices for alcoholic
beverages shall occur in an attempt to manipulate gross
sale receipts to reflect a min imu m of 50% for gross
sales of food.
The establishment shall operate a full kitchen and provide a
full menu (complete lunches and/or dinners, with hot entrees)
and the primary purpose of the establishment shal 1 be the
service of food.
No minors shall be allowed after 4:00 p.m. unless accompanied
by an adult. No mino rs shall be allo wed at all after 9:00
p.m.
No admission or service shall be allowed to anyone on skates.
All alcoholic beverages shall be served in non-throw-away
glass containers, including beer and wine.
Screens shall be installed and maintained on all exterior,
openable windows to prevent any possible pass-thru of
alcoholic beverages and for control of flies. Exterior doors
shall be self-closing or screened or use Health Department
approved fly fans.
A sign shall be posted in the interior advising patrons of
the illegality of open containers on sidewalks, streets, The
Strand, and the beach.
Hours of operation shall be 6:00 a.m. -2:00 a.m. daily.
Electronically amplified musical entertainment shall be
limited to the hours of 9:00 p.m. to 1:15 a.m. on Saturdays
and Sundays.
10. Noise emanating from the property shall be w ithin the
limita tions pres cr ibed by the City's Noise Ordinance and
shall not create a nuisance to the su rroun d ing r esiden tial
neighborhoods, and/or commercial establishments.
a. Prior to this Conditional Use Permit becoming effective
and issuance of a new alcohol beverage license, an
acoustical study shall be prepared not ing all measures
necessary to limit no ise emanat ing from the
establishment at all times to a level in conformance
with the City's noise ordinance and those measures shall
be implemented.
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b. During the performance of any type of entertainment, the
exterior doors and windows shall remain closed.
c.
d.
e.
f.
Air conditioning shall be installed and maintained in
working order.
Dual-pane windows shall be provided on all windows.
Loud speakers shall be oriented to the center of the
room.
All music/entertainment volume
controlled by the management.
levels shall be
11. There shall be no dancing at any time.
12. The estab l ishment shall not adversely a f f e ct the welfare of
the res i dents, and/or comm e r cial establ i sh ments nearby.
13. The business shall provide adequate ma n agemen t and
supervisory techniques to prevent loitering, un r u lin ess, and
boisterous activities of patrons outside the business or in
the immediate area.
a. The Director of Public Safety may determine that a
continuing pol ice prob l em exists and may require the
presence of a pol ice app r oved doorman and/or security
personnel.
14. Operator of business shall po li ce the pr emises and sidewalks
and parking areas which are d i rec t ly a dj ace nt t o the business
for litter and loitering problems and ma i ntain in a clean and
orderly manner on a daily basis.
15. Maximum permissible occupancy must be clearly posted and may
not be exceeded at any time. If t h e Po l ice/Fir e Depar t ments
dete r mine t h a t the maximum permiss ib le occupa n cy o f the
building is being violated, they may ci t e t h e bu si ness and
initiate a Conditional Use Permit revocation.
a. A second exit sign and occupancy load sign shal 1 be
posted.
16. Any changes to the interior design of this establishment
shall require prior approval by the Planning Commission.
17. A manager or clerk who is aware of the conditions of the
Conditional Use Permit shall be on the premises during
business hours.
a . Each manager 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 .
18. The Conditional Use Permit is to be only for the use as
defined in the present conditions; any change in use or
noncompliance with any condition shal 1 be cause for
revocation of this Permit.
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19. Prior to the Condit iona l Use Permit being in effect, the
applicant shall submit to the Planning Department, a signed
and notarized "Acceptance of Conditions" form.
20. The Conditional U.se Permit shall be recorded with the deed,
and proof of recordation shall be submitted to the Planning
Department.
21. There shall be a six month review of the Conditional Use
Permit (December 1, 1987).
22. At any time, 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. This Resolution P.C. 87-35 shall supercede BZA 154-391.
VOTE: AYES: Comms.Compton,Rue,Chmn.Sheldon
NOES: Comm.Peirce
ABSTAIN: None
ABSENT: Comm.Schulte
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 87-35 is a
true and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, California at their
r ~ meeting o June 2, 1987./ ~
Chuc Sb[l on, C Mic "aescbii ac ~ecretary
lo_[,;t 7
Date
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