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Home My WebLink AboutRES-90-5421 (CUP/8 PIER AVE)1 `••� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 90- 5421 A RESOLUTION OF CITY COUNCIL OF THE CITY OF HERMOSA BEACH SUSTAINING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING BAR AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION FOR 8 PIER AVENUE, HENNESSEY'S, AND LEGALLY DESCRIBED AS THE NORTHERLY 45 FEET OF LOT 5, BLOCK 12, HERMOSA BEACH TRACT WHEREAS, the City Council held a public hearing on November 13, 1990, to receive oral and written testimony regarding the appeal of a Planning Commission decision to grant Conditional Use Permit amendment and made the following findings: A. The Board of Zoning Adjustments approved Resolution BZA 154-391 on December 15, 1980 to allow amplified entertainment at a bar at 8 Pier Avenue; B. The sale of general alcoholic beverages is being conducted in an existing establishment already licensed by the Department of Alcoholic Beverage Control; C. The applicant is proposing amending the allowed hours for entertainment, to clarify the hours specified in BZA Resolution 154-391 and to expand those hours; D. The proposed entertainment hours are compatible with surrounding uses; E. 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 Hermosa Beach, California does hereby approve a Conditional Use Permit Amendment on appeal, to authorize live entertainment in conjunction with an existing - 1 - 1 `�..� 2 3 4 5 6 7 8 9 10 11 12 13 14 �..✓ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 bar at 8 Pier Avenue, subject to the conditions contained in P.C. Resolution 90-78. PASSED, APPROVED, and ADOPTED this 13th day of November 1990. 6YAJ reJ!�� PRESIDENT of the City Council an MAYOR _ of the City of Hermosa Beach, California ATTES-T-: - CITY CLERK APPROVED AS TO FORM: A,:O� CITY ATTORNEY a/ccrs8 - 2 - t. !� f� .t � ! i : 3 • ..! t, _E -.I :.J _ f • 1 1 . _. JrJ _ .t.: .}i7-J i'.}- : i i. 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. 90-5421 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 13, 1990. The vote was as follows: AYES: Creighton, Essertier, Mayor Sheldon NOES:_ Midstokke, Wiemans ABSENT: None ABSTAIN: None DATED: November 14, 1990 U i Deputy City Clerk 1. Location a. Address: ACTIVITY IDENTIFICATION 8 Pier Avenue b. Legal: Northerly 45' of Lot 5 Block 12, Rarmnaa WQaa, Tcaat Now.. Description Conditional Use Permit amendment to extend allowed entertainment hours on Saturdays & Sundays. 3. Sponsor a. Name: Paul Hennessey b. Mailing Address: 1845 S Elena, Suite 300, Redondo Beach, CA 90277 hone: (213) 540-2274 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements the California Environmental quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental quality Act. This declaration is documentation of the review and, if it be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro - ,..,dosed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, provided the attached mitigation meas- ures are included in the project, it would not have a significant effect on the environment. Documentation s pporti g this finding_ is on file in the Planning Department. i" 6-7-90 Date of Finding airma , ironmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental ject in accordance with Resolution 89-5229 of the Beach, and find that this project does not require mental Impact Report because, provided the attache included in the project, it would not havq signi vironment. Documentation sung � n th fi in ing Department. 7� u� /1 10-2-90 Date of Finding Impact Review of this pro - City Council of Hermosa a comprehensive Environ - d mitigation measures are ficant effect on the en - on file in the Plann- FINDING OF THVCITY COUNCIL ssion We have undertaken and completed an environmental Impact Review of this pro- cosed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because, provided the attached mitigation meas- ures are included in the project, it would not have a significant effect on the environment. Documentation s/uE)porting this finding is on file in the Plann.ing Department. / /A � n /?,/� n ( I- d3 -`i0 Date of Findinc •p94u8w9TdwT aaQ saanspaw uoTgRBTgTw 944 aouo aouETTdwoo AJT39A 04 �qTo aqq Aq pawao'ied aq TTggs s6uTpe9a asTON -V •quawabEuew 944 jo AgTTTgTsuodeea aqq awooaq TTEus awnTon qu8wuTEg39qu9 TEoTsnw •£ •punos aqq 6utuTQquoo 20J squawasoadwT agETadoaddE ay -4 AjTquapT 04 gaadxa TeoTgsnooa up Aq peapdaad aq TTPge Apn4e TEoTgsnooE uv • Z •buTpTTnq aqq apTsuT asTou uTvquoo oq paoaojuTaa punos aq pTnogs Bu TpTTng auy 'T ssxnsvzw DNIIVDIIiw /dWAN r . r RESOLUTION P.C. 90-78 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA 2 BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING BAR 3 AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION FOR 8 PIER AVENUE, HENNESSEV S, AND LEGALLY DESCRIBED AS THE NORTHERLY 45 4 FEET OF LOT 5, BLOCK 12, HERMOSA BEACH TRACT 5 WHEREAS, the Planning Commission held public hearings on 6 September 18 and October 2, 1990, to receive oral and written 7 testimony regarding a Conditional Use Permit amendment request 8 and made the following findings: 9 A. The Board of Zoning Adjustments approved Resolution BZA 10 154-391 on December 15, 1980 to allow amplified entertainment 11 at a bar at 8 Pier Avenue; 12 B. The sale of general alcoholic beverages is being conducted in 13 an existing establishment already licensed by the Department 14 of Alcoholic Beverage Control; 15 C. The applicant is proposing amending the allowed hours for 16 entertainment, to clarify the hours specified in BZA 17 Resolution 154-391 and to expand those hours 18 D. The proposed entertainment hours are compatible with 19 surrounding uses; 20 E. Strict compliance with the conditions of approval will 21 mitigate any negative impact resulting from the issuance of 22 the conditional use permit; 23 NOW, THEREFORE, the -City of Hermosa Beach, California does 24 hereby approve a Conditional Use Permit Amendment to authorize live entertainment in conjunction with an existing bar at 8 Pier 25 Avenue, subject to the following conditions: 26 1. The hours for live entertainment shall be limited to the hours from 9:00 P.M. to 1:15 A.M. Monday through Friday, and 27 from 2:00 P.M. to 1:15 A.M. on Saturday, Sundays, and national holidays. 28 _ 1 _ 2. The establishment shall not adversely affect the welfare of residents, and/or commercial establishments nearby. - 1 3. The business shall provide adequate management and 2 supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business or 3 in the immediate area. 4 4. Noise emanating from the property shall be within the `"WW' limitations prescribed by the City's Noise Ordinance and 5 shall not create a nuisance to the surrounding residential neighborhoods or commercial establishments. 6 a. During the performance of amplified live entertainment, 7 the exterior doors and windows shall remain closed 8 b. Prior to this conditional use permit being effective an acoustical study shall be prepared by an acoustical 9 expert, including a proposed sound dampening features to baffle and direct sound away from the entrance/exit and 10 window areas to ensure compliance with the noise ordinance. Said study and sound dampening features shall 11 be reviewed and approved by the Planning Director and shall be implemented in the building. '- 12 c. Management shall be responsible for the 13 music/entertainment volume levels. 14 d. A maximum of three entertainers shall be allowed to ti.. perform at any one time. 15 5. Screens shall be installed on all openable exterior windows 16 at ground floor level to prevent pass through of alcoholic beverages and to control flies. 17 6. Signs shall be posted conspicuously and prominently at all 18 exits and all check-out stands warning patrons who purchase any and all types of alcoholic beverages that "possession 19 and/or consumption of alcoholic beverages -in any public sidewalk, parking lot, beach, and/or any public place is 20 prohibited by law and subject to citation and fine. The City of Hermosa Beach vigorously enforces its liquor -laws" Said 21 signs shall be at least 12" X 14", shall be printed in a large type, permanently maintained, and shall be posted in 22 visible locations. 23 7. An employee who is aware of the conditions of this conditional use permit shall be on the premises during 24 business hours. 25 a. All employees shall be given a copy of the conditional use permit and shall acknowledge by signature that the 26 conditional use permit has been read and understood. 27 8. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and 28 _ 2 _ y • 1 `..r� 2 3 4 5 6 7 8 9 10 11 12 13 14 a..� 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 the presence of a police approved doorman and/or security personnel paid by the business. 14. Any changes to the exterior or interior design shall be subject to review and approval by the Planning Director. 15. Dancing shall be prohibited. 16. Maximum permissible occupancy must be clearly posted and may not be exceeded at any time. If the Department of Public Safety determine that the maximum occupancy is being violated, they may cite the business and initiate a conditional use permit revocation. 17. Food service shall be available between the hours of 11:00 A.M. and 10:00 P.M. daily. 18. 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. 19. A conditional use permit shall be recorded with the deed, and proof of recordation shall be submitted with the planning department. 20. 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. 21. 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. 22. This resolution incorporates and supersedes BZA Resolution 154-391 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 K:11 27 28 VOTE: AYES: Comms.Ketz,Rue,Chmn.Ingell NOES: Comms.Aleks,Peirce ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 90-78 is a true and complete record of the action taken by the Planning Commissi n of the ity of Hermosa Beach, California at their regular/eetin - of c er 2, 1990.------)^.;--- Spoty Irigell, airman MiCh•ael Schubach, Secretary Date a/pers8 ME