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HomeMy WebLinkAboutRES-91-5505 (CUP/30 PIER AVE/LIGHTHOUSE)1 2 3 4 5 6 7 8 9 10 11 12 13 14 Nftmo� 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-5505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO APPROVE A CONDITIONAL USE PERMIT, ON RECONSIDERATION, TO AUTHORIZE EXISTING LIVE ENTERTAINMENT, DANCING, AND ON -SALE ALCOHOL AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION FOR 30 PIER AVENUE, "THE LIGHTHOUSE," AND LEGALLY DESCRIBED AS LOT 71 BLOCK 12, HERMOSA BEACH TRACT. WHEREAS, the City Council held public hearings on May 28, and July 9, 1991, to receive oral -and written testimony regarding the decision to grant a conditional use permit and made the following findings: A. The Board of Zoning Adjustment approved Resolution BZA 154- 434 on October 5, 1981 to allow customer dancing in conjunction with the operation of a bar; B. The sale of general alcoholic beverages is being conducted in an existing establishment already licensed by the Department of Alcoholic Beverage Control; C. Strict compliance with the conditions of approval, will mitigate any negative impact resulting from the issuance of the conditional use permit. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby approve a conditional use permit, on reconsideration, to authorize live entertainment in conjunction with an existing bar at 30 Pier Avenue, subject to the following conditions, which supersede the conditions contained in BZA 154-434, Planning Commission Resolution 91-8 and City Council Resolution No. 91-5468: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 tio.s' 15 16 17 18 19 20 21 22 23 24 SECTION I. Conditions of Approval: 1. The hours for live entertainment shall be unlimited with the following exceptions: a) Live entertainment shall not commence before 8:00 a.m. b) Live entertainment shall terminate at 1:30 a.m. c) A maximum of three performers shall be allowed between the hours of 8:00 a.m. and 11:00 a.m. 2. The establishment shall not adversely affect the welfare of residents, and/or commercial establishments nearby. 3. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. 4. 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 or commercial establishments. 25 26 27 28 6495 a) During the performance of amplified live entertainment, all exterior doors and windows shall remain closed. `►'� b) Management shall be responsible for the music/ entertainment volume levels. C) The recommendations of the sound level and containment survey dated January 31, 1991, prepared by David L. Covelli, and listed in the letter from Hennessey's Tavern Incorporated attached herewith, shall be implemented on the site. The improvements recommended in said survey shall be implemented on the site within sixty (60) days of the granting of this conditional use permit. d) After completion of the improvements for sound containment, the business shall be subject to sound measurements to verify compliance with noise ordinance. If it is found to be out of compliance, the establishment shall immediately take the necessary measures to reduce the noise to meet the requirements, or be subject to citation and/or revocation of the conditional use permit. e) In addition to the improvements required above, double doors shall be installed in the front and rear doorways. 2. 2 3 4 \W..✓ 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. Screens shall be installed on all openable exterior windows at ground level to prevent pass through of alcoholic beverages. 6. Signs shall be posted conspicuously and prominently at all exits warning patrons who purchase any and all types of alcoholic beverages that "possession and/or consumption of alcoholic beverages in any public sidewalk, parking lot, beach, and/or any public place is prohibited by law and subject to citation and fine. The City of Hermosa Beach vigorously enforces its liquor laws." Said signs shall be at least 12" x 1411, shall be printed in large type, permanently maintained, and shall be posted in visible locations. 7. An employee who is aware of the conditions of this conditional use permit shall be on the premises during business hours. 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. 8. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of patrons outside to business or in the immediate area. 9. The exterior of the premises shall be maintained in a neat and clean manner at all times. 10. All signs shall comply with the City Sign Ordinance. a) The dilapidated roof sign shall be removed, or, alternatively, it may be restored if it is still in compliance with the current City Sign Ordinance. 11. All alcoholic beverages shall be served in non -throw -away glass containers, including beer and wine. 12. Any violation of the conditions and/or violation of the Hermosa Beach Municipal Code shall be grounds for an immediate revocation hearing and/or citation. 13. The police chief may determine that a continuing police problem exists and may require at all times the presence of a police approved doorman and/or security personnel paid by the business. 14. A method shall be established to assure the orderly regulation of patrons waiting to enter the cafe through the front entrance to the location so that the public sidewalk will not in any way be impeded. The rear door shall not be used for an entrance. 6495 3. �..►' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 '"MOO/ 25 26 14 . 27 28 15. The management shall assure that the public is not permitted to loiter in the front of the business during periods when live or amplified music is playing. 16. The "Lighthouse" shall participate in the End Alcohol Sales to Youth Program (EASY). When initiated, the program is tentatively scheduled to begin in January of 1991. 17. Any changes to the exterior or interior design of the building or floor plan shall be subject to review and approval by the Planning Director. 18. Maximum permissible occupancy must be clearly posted and shall not be exceed at any time. If the Department of Public Safety determines that the maximum occupancy is being violated, they may cite the business and/or initiate a conditional use permit revocation. 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. SECTION II. Each of the above conditions is separately enforced, and if any of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. 6495 4 1 `4� 2 3 4 14 . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION III. 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. This resolution incorporates and supersedes BZA Resolution 154-434, and supersedes Planning Commission Resolution 91-8 and City Council Resolution No. 91-5468. PASSED, APPROVED and ADOPTED this 12th day of November, 1991. President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: City Clerk__ SqUaW; 27 28 6495 5. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I. Naoma Valdes, Deputy City Clerk of the City Council of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 91-5505 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular meeting of said Council at the regular meeting place thereof on November 12, 1991. ,%Wo/ The vote was as follows: AYES: Essertier, Wiemans, Mayor Midstokke NOES: Creighton, Sheldon ABSTAIN: None ABSENT: None DATED: November 13, 1991 i G2�1I� eputy City Clerk