HomeMy WebLinkAboutRES-93-5605 (CUP/1100 STRAND)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
Aa.r' 27
28
RESOLUTION 93-5605
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, TO APPROVE A CONDITIONAL USE PERMIT AND PARKING PLAN,
AS AMENDED, TO ALLOW ON -SALE GENERAL ALCOHOL, LIVE ENTERTAINMENT,
AND 24-HOUR OPERATION IN CONJUNCTION WITH AN EXISTING RESTAURANT
AND ADOPTION OF ENVIRONMENTAL NEGATIVE DECLARATION AT 1100 THE
STRAND AND LEGALLY DESCRIBED AS LOTS 1-4 INCLUSIVE, BLOCK 12,
HERMOSA BEACH TRACT
WHEREAS, the City Council held public hearings on February 23,
and March 23, 1993, to reconsider, on appeal, the Planning
Commission's decision to deny the subject project and to receive
oral and written testimony and made the following findings;
A. The City Council, on September 24, 1985, approved Resolution
85-4869 to allow the sale of beer and wine in conjunction with
a restaurant;
B. The Planning Commission approved a Parking Plan and amendments
to said C.U.P. on September 6, 1988, (Resolution P.C. 88-74)
to relocate an outside dining area and add 845 square feet,
and approved another amendment on January 17, 1989,
(Resolution -P.C. 89-7), to allow the outside area to be
enclosed with a glass roof;
C. The proposed changes do not significantly alter the type of
business or the nature of the proposed use, except that sales
of all types of liquor will be permitted, all restrictions on
hours would be eliminated; and live entertainment would be
permitted in the restaurant; therefore, no additional parking
demand should occur.
D. Strict compliance with the conditions of approval will
mitigate any negative impact resulting from the issuance of
the amendment;
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
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Hermosa Beach, California, does hereby approve the requested
Conditional Use Permit amendment and existing Parking Plan at 1100
The Strand, subject to the following conditions, which would
supersede the conditions contained in P.C. Resolution 89-7:
SECTION I: Specific Conditions of Approval
1. The hours for live entertainment shall be limited to the hours
between 4:00 P.M. to 1:15 A.M. Monday through Friday, and from
9:00 A.M. to 1:15 A.M. on Saturday, Sundays, and Federal and
State Holidays, Cinco De Mayo, and St. Patrick's day.
2. The interior of the premises and the exterior of the subj ect
property shall be in substantial conformance with submitted
plans. Minor modifications are subject to review and may be
approved by the Planning Director.
3. Tandem parking spaces shall be designated for employee parking
only.
a. The tandem parking spaces shall be posted for employee
parking only
4. The handicapped parking space shall be located so that it is
not in tandem
5. A bicycle parking area shall be provided and maintained on
site for a minimum of 40 bicycles.
6. The outside patio area shall be designated for a maximum of
one (1) seat per each f ifteen (15) square feet of f loor area
or as approved by the Building and/or Fire Department
7. Parking shall be striped as shown on approved plans, and shall
provide for a minimum of twenty-three (23) parking spaces
(a) Parking will be available for customers at all times
during business hours
8. Any problems with parking, or ingress and egress into the
parking lot shall be cause for the Parking Plan to be reviewed
by the Planning Commission.
9. A method to limit customers from spilling onto the Strand
right-of-way, such as roped aisles, shall be provided for
customers waiting in line at the take-out window
SECTION II: General Conditions of Approval
1. The establishment shall not adversely affect the welfare of
residents, and/or commercial establishments nearby.
2. 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.
- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
1%00, 14
15
16
17
18
19
20
21
22
23
24
25
26
N%001 27
28
a. Live entertainment shall be limited to one musician or one
performer using non amplified instruments such as a piano,
guitar, violin, etc. If entertainment is to include
amplified live entertainment and/or more than one musician,
an acoustical study shall be prepared by an acoustical
expert, including a proposed sound dampening features to
baffle and direct sound away from the entrance/exit and
window areas to ensure compliance with the noise ordinance.
Said study and sound dampening features shall be reviewed
and approved by the Planning Director and shall be
implemented in the building.
i. The acoustical study shall be based on the worst-case
noise scenario, or on a sound level that will not be
exceeded at any given time.
b. Management shall be responsible for the music/entertainment
volume levels.
c. During the performance of amplified live entertainment, the
exterior doors and windows shall remain closed.
3. Signs shall be posted in conspicuous locations warning patrons
of the illegality of open alcohol containers on any public
sidewalks such as the Strand, the beach, or any other public
areas.
4. 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.
5. 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.
6. The exterior of the premises shall be maintained in a neat and
clean manner at all time.
7. All signs shall comply with the City Sign Ordinance.
8. All alcoholic beverages shall be served in non -throw -away
glass containers, including beer and wine, and none shall be
taken out or served with take out orders.
9. Maximum possible occupancy must clearly be posted at all times
and may not be exceeded at any time. If the Police and/or
Fire Department determine that the maximum permissible
occupancy of the building is being violated they may cite the
business and request a Conditional Use Permit review.
10. The police chief may determine that a continuing police
problem exists and may authorize the presence of a police
approved doorman and/or security personnel to eliminate the
- 3 -
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
problem, and the shall submit a report to the Planning
Commission , which will automatically initiate a review of
this conditional use permit by the Commission.
11. This conditional use permit for on -sale general alcohol is
issued exclusively for and so long as the premises remain a
restaurant, which is defined as having gross sales as follows:
not less than 50% food (not to include take-out food) and 50%
general alcohol, computed monthly.
The business shall maintain separate books and records
identifying sales of food/alcoholic beverages. The City shall
have the right during business hours upon 15 days notice to
inspect the books and records of the business to determine the
gross sales of food and/or the gross sales of alcoholic
beverages, with the first audit to be in three months. Upon
request at the time the City inspects the books and records of
the business, the business shall also submit to the City
copies of all records submitted to the State Board of
Equalization for the purpose of verifying the applicant's
books and records, with the understanding that these reviews
are confidential.
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. Food service shall be available during all hours the business
is open.
14. 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.
15. The Conditional Use Permit and Parking Plan shall be recorded,
and proof of recordation shall be submitted to the Planning
Department.
SECTION III
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
- 4 -
2
3
4
5
6
7
8
9
10
11
12
13
r..� 14
15
16
17
18
19
20
21
22
23
24
25
26
�..r 27
28
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
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.
W0L49wto]�nIVA
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, and ADOPTED this 27th day of April
1993.
AT 9 7)
CITY CLERK
APPROVED SAS TO FORM:
0 I " CITY ATTORNEY
- 5 -
P/PCR1100A
'.■O�
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. 93-5605 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 April
27, 1993.
The vote was as follows:
AYES: Benz, Edgerton, Mayor Wiemans
_NOES:- Essertier, Midstokke
ABSTAIN:. None
ABSENT: None
DATED: April 29, 1993
Deputy City Clerk
ACTIVITY I1)EN'1'1t'1CA'T1ON
1. Location
a. Address: 1100 The Strand
b. Legal: Lots 1, 2 3 & 4, Block 12, Hermosa Beach Tract
1..., 2. Description
onditional Use Permit amendment to allow on -sale general alcohol, live
entertainment, 24 hour operation and tandem narking fnr mn1-nrrUrl-
3. Sponsor
a. Name: Pete Mangurian
b. Mailing Address: 1100 The Strand, Hermosa Beach, CA 90254
Phone: (310) 318-7152
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-
',-eposed 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 supporting this finding is on file in the
Planning Department.
7-9-92
Date of Finding Chairman, Environmental Review Committee
FINDING OF THE PLANNING COMMISSION
We have undertaken and completed an Environmental Impact Review of this pro-
ject in accordance with Resolution 89-5229 of the City Council of Hermosa
Beach, and find that this project does not require a comprehensive Environ- _
mental Impact Report because, provided the attached mitigation measures are
included in the project, it would not have a significant effect on the en-
vironment. Documentation supporting this finding is on file in the Plann-
ing Department.
Date of Finding Chairman, Planning Commission
FINDING OF THE CITY COUNCIL
We have undertaken and completed an environmental Impact Review of this pro-
posed project in accordance with Resolution 89-5229 of the City Council of
,-WWI 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 suppo i this finding is on file in the
Planning Department. A
eN-97- 71!1
Date of Findina Mayor, Herm sa Beach City Counc