HomeMy WebLinkAboutPC Resolution 89-11L
RESOLUTION P.C. 89-11
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
2 11 BEACH AMENDING A CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT IN
CONJUNCTION WITH THE OPERATION OF A BAR LOCATED AT 211 PACIFIC
3 11 COAST HIGHWAY, HERMOSA BEACH, CALIFORNIA.
4 WHEREAS, the Planning Commission of the City of Hermosa
5 Beach, at a public hearing held on January 17, 1989, in the City
6 Hall Council Chambers, to review S & N Corporation/Hermosa Saloon
7 Conditional Use Permit to allow live entertainment in the form of
8 amplified musical groups in conjunction with the operation of a
9 bar, on property legally described as Lot 62, Walter Ransom Co.'s
10 Venable Place Tract; and
11 WHEREAS, at said public hearing, the Commission heard
12 testimony from the applicant that all of the proposed conditions
13 were acceptable to him; and
14 WHEREAS, the amended conditional use permit is in conformance
15 with the area's zoning and general plan designation;
16 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
17 of Hermosa Beach does hereby amend a Conditional Use Permit for
18 live entertainment in the form of amplified musical groups in
19 conjunction with the operation of a bar on property located at
20 211 Pacific Coast Highway, subject to the following conditions:
21 1. Electronically amplified musical entertainment shall be
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limited to the hours of 9:00 p.m. to 1:30 a.m. Friday and
Saturday nights.
24 11 2. All openings, i.e. exterior doors and windows, shall be kept
25 closed after 7:00 p.m. daily.
26 11 3. Use of the outdoor patio shall be prohibited after 10:00 p.m.
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nightly.
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Chapter 19-1/2 of the City Code entitled Noise Regulation
shall be complied with. Specifically, this Conditional Use
Permit is not a permit to violate Section 19-1/2-3 entitled
Noise limits, copy attached.
Maximum permissible occupancy must be clearly posted at all
times and may not be exceeded at any time. If the
Police/Fire Departments determine that the maximum
permissible occupancy of the building being violated, they
may cite the business and initiate a Conditional Use Permit
revocation.
Any change to the interior layout of this establishment shall
require that it be returned to the Planning Commission, and
it may revoke the Conditional Use Permit if interiors are
not consistent with the original approval.
There shall be no dancing at any time.
Conditional use permit is to be for only this use as defined
in the present conditions; any change in use or noncompliance
of any condition of operation will be cause for revocation of
the permit.
First review for compliance with these conditions shall be
five months after date of approval.
21 11 10. In the event that any one condition is found to be illegal
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or unenforceable by a court of competent jurisdiction, then
the parties agree that all other conditions shall remain in
force and effect. The parties understand that the applicant
is represented by counsel at all steps of the proceedings
and it is the opinion of the City Attorney that the
conditions meet Constitutional requirements, and in the
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event that either attorney is in error both parties agree
that no action for damages 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.
6 11. This Resolution supercedes B.Z.A. 154-441.
7 VOTE:
8 AYES:
9 NOES:
Comms. Edwards, Ingell, Ketz, Rue, Chmn. Peirce
None
None 10 ABSENT:
11 CERTIFICATION
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I hereby certify that the foregoing Resolution P.C. 89-11 is a
true and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, California, at their
14 11 regular meeting of January 17, 1989.
15 ll nate: 7 f~ $1
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18 11 M .-,--'~ • L !CHAE( SCHUBA=--=~ 19 CH, SECRETARY
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EIRCE, CHAIRMAN
ING COMMISSION