HomeMy WebLinkAboutPC Resolution 90-621
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RESOLUTION P.C. 90-62
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING A CONDITIONAL USE PERMIT FOR ON-SALE
ALCOHOL AND LIVE ENTERTAINMENT, AND APPROVING A PARKING PLAN, TO
ALLOW THE EXPANSION OF THE CAFE PORTION OF THE BUSINESS TO
INCLUDE ENTERTAINMENT AND DANCING AND ADOPTION OF A MITIGATED
ENVIRONMENTAL NEGATIVE DECLARATION FOR 1018 HERMOSA AVENUE,
"HERMOSA BEACH COMEDY AND MAGIC CLUB," LEGALLY DESCRIBED AS LOTS
1, 2, AND 3, BLOCK 35, FIRST ADDITION TO HERMOSA BEACH
WHEREAS, the Planning Commission held a public hearing on
August 7, 1990, to receive oral and written testimony regarding a
Conditional Use Permit Amendment request to expand the cafe
portion of an existing restaurant and entertainment club and made
the following findings:
A.
B.
C.
D.
E.
The Comedy and Magic Club, which currently consists of a
mix of uses, including entertainment and food service, and
a separate cafe, and business offices is significantly
deficient to current zoning requirements for parking;
The applicant is proposing to expand into an adjacent
vacant restaurant space to expand the restaurant/ cafe
operation and to add 418 square feet;
The subject expansion is into an area that was previously
used for restaurant purposes, and by limiting the expansion
to primarily restaurant purposes, the expansion will not
increase the deficiency in parking;
The existing and proposed use
surrounding uses;
is compatible with
Strict compliance with the conditions of approval,
especially the provision of the limitation of the use of
the expanded area to a restaurant use will mitigate any
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negative impact resulting from the issuance of the
conditional use permit;
NOW, THEREFORE, the City of Hermosa Beach, California does
hereby amend a Conditional Use Permit and approve a Parking Plan
to authorize the expansion of restaurant/cafe portion of an
existing entertainment, and restaurant business at 1018 Hermosa
Avenue, subject to the following conditions:
1. The proposed development shall be in substantial conformance
with submitted plans. Any minor modification shall be
reviewed and approved by the Planning Director.
2. The "cafe" in the southwesterly portion of the building shall
be used primarily for restaurant purposes.
a. Entertainment shall be permitted only as an ancillary use
to the restaurant use with performances limited to
stand-up comedy or magic acts, acoustic music, or
entertainment dancing.(electronic guitars and electronic
keyboards shall be allowed)
b. The seating shall be around full-size dinner tables with
adequate room to serve a full meal to each customer,
auditorium style seating or cocktail lounge style seating
is prohibited.
3. The applicant shall submit a seating plan for the entire
operation, subject to the approval of the Planning Director,
the Building Department and the Fire Department.
a. The general seating plan shall be posted in the business.
b. The occupancy as dictated by the seating plan shall not be
exceeded.
c. The seating plan may be modified for special occasions
provided all requirements of the Building and Fire
Departments are met.
4. The business shall be soundproofed to the satisfaction of the
Building Director, and the Public Safety Director.
5. 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.
6. Off-sale or take-out of any alcoholic beverages shall be
prohibited.
7. A maximum of 50% of total receipts of the entire business
shal 1 be for alcoholic beverages. The City shall have the
right during business hours, upon 15 days notice, to inspect
the books and records of the establishment to determine the
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8.
gross sales of alcoholic beverages. Upon request at the
inspection, the business establishment shall also submit to
the City, copies of all records submitted to the State Board
of Equalization for the purpose of verifying the
establishment's books and records, with the understanding
that these reviews are confidential.
A sign shall be posted notifying
illegality of open containers on
sidewalks, Strand, and the beach
the
the
patrons of the
public streets,
9. If, in the judgement of the Police Department, it is deemed
necessary, two policemen will be assigned as doormen at the
business' expense during hours of operation.
10. Alcoholic beverages shall only be sold to individuals over
the age of 21 years old, and violations of this condition may
result in revocation and /or a citation.
11. Service of alcohol to anyone on skates shall be prohibited
12. Comedy/Theatrical productions shall be maintained at least
50% of the operating time of the main showroom.
13. Noise emanating from the property shall be within the
limitation's prescribed by the citr's noise ordinance and the
business shall not create a nuisance to the surrounding
residential neighborhoods or commercial establishments.
a. During the performance of any type of entertainment,
whether in the main showroom or in the cafe, the exterior
doors and windows shall remain closed
14. Screens shall be installed on all openable exterior windows
at the ground floor level to prevent pass-through of
alcoholic beverages and to control flies.
15. 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.
16. The exterior of the premises, including parking areas shall
be maintained in a neat and clear manner at all times.
17. Five parking spaces shall be added by re-striping the parking
lot in accordance with the submitted plan prior to occupancy
of the proposed expansion areas.
18. Any changes to the exterior or interior design shal 1 be
subject to review and approval by the Planning Director.
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19. 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.
20. A conditional use permit shall be recorded with the deed, and
proof of recordation shall be submitted with the planning
department.
21. 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.
22. There shall be review of this conditional use permit within
six (6) months of the approval date to examine the impact of
these newly permitted uses on the surroundings.
23. Th is conditional use permit incorporates where applicable,
and supersedes all previous conditional use permit
resolutions regarding 1018 and 1014 Hermosa Avenue
(Resolution P.C. 88-25, B.Z.A. Resolution 154-561, B.Z.A.
Resolution 154-472, B.Z.A. Resolution 154-467, B.Z.A.
Resolution 154-337, and Resolution P.C. 78-3
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Ketz,Rue,Chmn.Ingell
None
None
Comms.Moore,Peirce
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 90-62 is a true
of the action taken by the Planning
y of Hermosa Beach, California at their
and
C
7, 19 /2 ~
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