HomeMy WebLinkAboutRES-94-5653 (CUP/809 PCH)it
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RESOLUTION NO. 94-5653
A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA,
TO APPROVE A CONDITIONAL USE PERMIT WITH CONDITIONS, ELIMINATING
TWO OF THE PLANNING COMMISSION IMPOSED CONDITIONS ON APPEAL, FOR
AN EXISTING ADULT BUSINESS (SALE OF ADULT BOOKS, VIDEOS,
MAGAZINES AND PARAPHERNALIA AND ADULT THEATER/ARCADE) AT 809
PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS LOT 2 AND LOT 4,
BLOCK B. REDONDO HERMOSA TRACT
WHEREAS, the City Council held public hearings on December
14, 1993, and January 25, 1994, to consider a conditional use
permit for an existing adult business, and an appeal of two of
the Planning Commission imposed conditions on said permit, and to
receive oral and written testimony on the matter, and made the
following findings;
A. The applicant is requesting a conditional use permit for -an
existing adult business, including sales of adult books,
videos, magazines and paraphernalia and an adult
theater/arcade, as required by Section 13.5(b) of the zoning
ordinance;
B. The inherent nature of adult businesses are recognized as
having potentially objectionable and deleterious operational
characteristics;
C. The regulation of adult business operations and locations is
in the interest of the general public health, safety, and
welfare;
D. Because the subject adult business is existing and has
already established certain measures to prevent lewd and
immoral behavior, including the use of surveillance cameras
and security attendants, not all of the standard conditions
for adult businesses as set forth in Section 10-5 (including
the two standard conditions imposed by the Planning
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Commission, and appealed by the applicant, to limit hours of
operation from 10:00 A.M. to 10:00 P.M. and to require the
closure of doors on the video viewing booths) are applicable,
since their application would pose a potential hardship on an
existing business beyond the intent of Section 13.5(b) or
Section 10-5;
E. The conditions as set forth below, are necessary to prevent)
illegal and immoral acts from occurring on the premises and
in the vicinity, and will serve to mitigate the potential
threat to the public safety and welfare to the maximum
possible;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Hermosa Beach, California, does hereby approve a
Conditional Use Permit, on appeal, to allow the adult business at
809 Pacific Coast Highway subject to the following conditions,
which supersede the conditions contained in Planning Commission
Resolution 93-35:
SECTION I (CONDITIONS OF APPROVAL)
Standard Oneratina Conditions
1. Clearly visible signs shall be posted at the entrance to the
premises stating "Adults Only - No Minors Permitted" or
equivalent wording.
2. All building openings, entries, and windows shall be designed
or screened so that the contents of the building may not be
seen from the public sidewalk or equivalent public areas
accessible to minors.
3. The public interior areas shall be fully and brightly lighted
and arranged so that every portion of the premises is visible
upon entrance by direct sight or by surveillance cameras, but
shall not be viewed from outside, and so that any patron is
also easily visible to anyone walking through the premises.
4. No alcoholic beverages, shall be sold or consumed on the)
premises and appropriate notification of this restriction
shall be displayed on the premises.
5. Advertisements, displays, or other promotional materials
shall not be shown or exhibited so as to be visible to the
public from exterior areas.
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6. No loudspeakers or sound equipment shall be used on the
premises that can be discerned from exterior areas.
7. Outdoor signs or similar displays showing nude bodies,
topless or bottomless female bodies, or bottomless male)
bodies shall be prohibited.
8. The establishment shall not adversely affect the welfare ofl
residents and/or nearby commercial establishments.
9. No home delivery of any materials that are distinguished or
characterized by the depiction or description of specified
anatomical areas or specified sexual activities.
10. The exterior and interior of the premises shall be maintained
in a neat and clean manner at all times.
11. All signs must comply with the City Sign Ordinance. Proper
sign permits, where necessary, shall be obtained from the
Department of Building and Safety.
12. A manager or employee who is aware of the conditions of this
conditional use permit shall be on the premises during
business hours.
(a) The conditional use permit conditions shall be placed on
the property in a location where employees can easily
read the conditions.
Site specific Conditions
13. The final floor layout shall be substantially consistent with
submitted plans. Modification to the plan needs review and
may be approved by the Planning Director.
14. The number of film or video viewing machines or booths shall
not exceed eight (8) individual viewing booths.
15. There shall be only one individual per viewing booth at a
time with appropriate signage indicating this condition.
The locks used on the doors of the individual viewing booths
shall not impede access by the Police.
16. All surveillance cameras shall be maintained in operational
order, and operating during business hours.
17. An attendant shall be present in the theater area monitoring
use of the theater booths at all hours the business is open,
and shall be made aware of the rules as stated in this C.U.P.
18. The business shall provide adequate management and
supervisory techniques to prevent lewd and lascivious acts,
and any other loitering, loud, boisterous, or illegal
activity of patrons inside the business or in the immediate
area.
19. The police chief may determine that a continuing police
problem exists, and may authorize the presence of a police
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approved doorman and/or security personnel to eliminate the
problem, and shall submit a report to the Planning
Commission, which will automatically initiate a review of
this conditional use permit by the Commission.
20. A sign shall be permanently displayed at the entrance
requesting that patrons be considerate of the residential
neighbors and not park in residential areas, or equivalent
wording.
21. The existing trash dumpster used in conjunction with the
business shall be maintained in the south side yard, enclosed
within locked 6 -foot high gates, and shall be maintained in
accordance with Chapter 27A of the municipal code.
22. It shall be verified that the interior stairway is
permanently sealed and that interior access to the second
floor is permanently eliminated.
23. The north side yard shall have a 6 -foot high gate, maintained
locked, and prohibiting public access.
24. The business shall not operate or be open to the public
between the hours of 2:00 A.M. and 10:00 A.M. daily.
SECTION II
This grant shall not be effective for any purposes until the
permittee and the owner of the property involved have filed at
the office of the - Department of Planning their affidavit stating
that they are aware of, and agree to accept, all of the
conditions of this grant.
The Conditional Use Permit shall be recorded with Los Angeles
County, and proof of recordation shall be submitted to the
Planning Department.
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.
Permittee shall defend, indemnify and hold harmless the City, its
agents, officers, and employees from any claim, action, or
proceeding against the City or its agents, officers, or employees
to attack, set aside, void or annul this permit approval, which
action is brought within the applicable time period of Government
Code Section 65907. The City shall promptly notify the permittee
of any claim, action, or proceeding and the City shall cooperate
fully in the defense. If the City fails to promptly notify the
permittee of any claim, action or proceeding, or if the City
fails to cooperate fully in the defense, the permittee shall not
thereafter be responsible to defend, indemnify, or hold harmless
the City.
The permittee shall reimburse the 'City for any court and
attorney's fees which the City may be required to pay as a result
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of any claim or action brought against the City because of this
grant. Although the permittee is the real party in interest in
an action, the City may, at its sole discretion, participate at
its own expense in the defense of the action, but such
participation shall not relieve the permittee of any obligation
under this condition.
The subject property shall be developed, maintained and operated
in full compliance with the conditions of this grant and any law,
statute, ordinance or other regulation applicable to any
development or activity on the subject property. Failure of the
permittee to cease any development or activity not in full
compliance shall be a violation of these conditions.
SECTION III
Any violation of the conditions of approval and/or violation of
the Hermosa Beach Municipal Code may be grounds for a public
hearing for the revocation of the Conditional Use Permit.
The Planning Commission may review this 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.
PASSED, APPROVED, an�PTED this 2.� day of JAnuary �
1994.
_PRESIDENT�he - City Cbur� any
T
Hermosa ac , California
_ATTES
CITY CLERK
APPROVED AS TO FORM:
Ad 9K
CITY ATTORNEY
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STATE OF CALIFORNIA j
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. 94-5653 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 place thereof on January 25, 1994.
�The vote was as follows:
AXES,:,
NOES.
ABSTAIN:
ABSENT:
DATED:
Benz, Bowler, Oakes, Reviczky
Mayor Edgerton
None
None
January 26, 1994
Deputy City Clerk
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