HomeMy WebLinkAboutRES-91-5468 (CUP/30 PIER AVENUE)1
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RESOLUTION NO. 91-5468
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 7, 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 Adjustments 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
following conditions, which supersede the conditions contained in
B.Z.A. 154-434, and Planning Commission Resolution 91-8:
SECTION I Conditions of Approval:
1. The hours for live entertainment shall be limited to the
hours from 7:00 P.M. to 1:30 A.M. Monday through Friday, and
from 2:00 P.M. to 1:30 A.M. on Saturdays and Sundays, Federal
and State Holidays, Cinco De Mayo, and St. Patrick's day.
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
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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.
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.
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 14", shall be printed in a 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.
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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 time.
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.
a. A doorman shall be utilized at all times when a line of
customers is waiting to enter.
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 exceeded 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.
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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.
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.
PASSED, APPROVED, and ADOPTED this 9th day of July, 1991.
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PRESIDENT of the City Council and MAYOR of the City of
- - -Hermosa Beach, California
.ATTEST:- APPROVED AS,7 ORM:
1-�'
CITY CLERK CITY A TOR EY
a/pers30
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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. 91-5468 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 July 09,
1991.
�►` The vote was as follows:
AYES: Creighton, Essertier, Wiemans, Mayor Midstokke
NOES: Sheldon
ABSENT: None
ABSTAIN: None
DATED: July 10, 1991
Deputy City Clerk
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