HomeMy WebLinkAboutPC Resolution 87-381
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RESOLUTION P.C.87-38
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING A CONDITIONAL USE PERMIT TO ALLOW
DANCING IN CONJUNCTION WITH A RESTAURANT AND APPROVING A NEGATIVE
DECLARATION AT 2701 PACIFIC COAST HIGHWAY, KNOWN AS C.J. BRETT'S.
WHEREAS, the Planning Commission held a public hearing on
July 7, 1987 to receive oral and written testimony regarding this
matter and made the following Findings:
A.
B.
c.
D.
The proposed project is compatible with the surrounding area
and is consistent with the General Plan and Zoning Ordinance;
Noise created from the disco should be less than existing
ambient noise levels from traffic on Pacific Coast Highway
and therefore, should not significantly impact the residents
to the west;
Noise complaints have decreased substantially since the
construction of the block wall along the west property line;
C.J. Brett's bas existing Conditional Use Permits to allow
live background entertainment, general alcoholic beverage
sales, and to allow the the enclosure of a patio area;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California, does hereby approve
a Conditional Use Permit amendment to allow dancing in
conjunction with a restaurant at 2701 Pacific Coast Highway
subject to the following conditions:
1. This Conditional Use Permit is issued exclusively for and so
long as the premises remain a restaurant which is defined as
having gross sales as follows: 50% food sales 50%
alcoholic beverages, averaged on three (3) months receipts.
The applicant shall maintain separate books and records
identifying sales of food/alcoholic beverages. Food shall
include the sale of beverages other than alcoholic beverages.
Upon request at the time the City inspects the books and
records of the applicant, the applicant shall also sumbit to
the City copies of all records submitted to the Statet Board
of Equalization for purposes of computing sales tax.
Applicant gives the right to the City to review the records
of the State Board of Equalization for the purposes of
verifying the applicant's books and records, with the
understanding that these reviews are confident ial .
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2. Dancing shall be permitted from 9:00 P.M. to 1:15 A.M.
3.
4.
5.
6.
7.
8.
9.
Dancing shall be limited to the area specified on the plans
submitted May 8, 1987.
Dance music shall be limited to disc jockey or taped music.
No live bands for dancing shall be allowed.
Live entertainment shall be limited to background music only.
Live entertainment shall be permitted from 11:00 A.M. to 1:00
A.M.
A maximum of four (4) musicians shall be permitted at any one
time, and they shall perform on the stage only.
No expansion of the approved hours of service (11:00 A.M. to
2:00 A.M.) shall be allowed without Planning Commission
approval and subsequent to notification and approval by the
Department of Alcholic Beverage Control.
10. The volume of noise shall be controlled so as not to generate
complaints from neighboring residents.
11. The door along the west side of the building entering the bar
area shall remain closed during operating hours. The door
shall maintain operable emergency hardware at all times.
12. The air conditioning system shall be maintained in working
order.
13. Service of alcoholic beverages shall be in an establishment
that operates a full kitchen and provides a full menu
(complete lunches and/or dinners with hot entrees) and the
primary purpose of the establishment is the service of food.
14. Alcoholic beverages shall be served in permanent containers
only.
15. Al 1 alcoholic beverages shal 1 be consumed on the premises,
and none may be taken out.
16. The minimum 8-foot high decorative block wall along the
westerly property line shall be maintained in a manner
adequate to significantly reduce noise emanating from the
activities of the business.
a. The wall shall be maintained with graffitti-repellant
paint on its easterly face.
17. The establishment shall not adversely affect the welfare of
the residents and/or commercial establishments nearby.
18. Parking shall be prohibited in the access lane of the parking
lot along the north side of the building and the 11 NO PARKING"
painted on the pavement shall be maintained.
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19. The signs posted at the entrances to the parking lot on
Pacific Coast Highway and the alley which state the location
of overflow parking and which state "NO PARKING IN ALLEY"
shall be maintained.
20. The physical barrier installed on the west side of the
parking lot to prevent parked cars from encroaching into the
public right-of-way shall be maintained.
21. The exterior of the premises including parking areas shall be
maintained in a neat and clean manner at all times.
22. The business shall provide adequate management techniques and
supervisorial techniques to prevent loitering, unruliness,
and boisterous activities of patrons outside the business.
23. The Director of Public Safety may determine that a continuing
pol ice problem exists and may require the presence of a
police approved doorman and/or security personnel.
24. A manager or clerk who
Conditional Use Permit
business hours.
is
shall
aware of conditions
be on the premises
of the
during
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.
25. Any changes to the interior layout shall be subject to review
and approval by the Planning Commission.
26. 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.
27. The Conditional Use Permit shall be recorded with the deed,
and proof of recordation shall be submitted to the Planning
Department.
28. There shall be a six month review -January 5, 1988.
29. 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.
30. Any violation of the conditions of approval and/or violation
of the Hermosa Beach Municipal Code may be grounds for a
public hearing for the revocation of the Conditional Use
Permit.
31. 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 of the conditions shall remain in full
force and effect. The parties understand that the applicant
is represented by counsel at all steps of these proceedings
and it is the opinion of the City Attorney that the
conditions meet Constitutional requirements, and in the event
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that either attorney is in error, both parties agree that no
action for damages shall be brought against the other party
and 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.
32. This Conditional Use Permit supersedes Resolutions 86-4972,
86-39, 86-4927 86-16 and 85-25.
VOTE: AYES: Comms.Berardo,Compton,Rue,Peirce,Chmn.Sheldon
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P. C. 87-38 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 July 7, 1987. ~,/_//~ ~~ ,/ ~ ) J.£.& Q,,, = J;;t~yu:__ Chu~h e o n , Chairman Mi c b ae r Schu b ac h , Secretary
'----:,, __, 2 / -~ ·7 t t r 2
Date l
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