HomeMy WebLinkAboutRES-93-5626 (CUP/544 PCH)`4.
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RESOLUTION NO. 93-5626
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN EXISTING
ADULT BUSINESS, UPON RECONSIDERATION, (ADULT BOOKSTORE AND ADULT
THEATER/ARCADE) AT 544 PACIFIC COAST HIGHWAY AND LEGALLY
DESCRIBED AS LOT 15 CAMINO REAL TRACT
WHEREAS, the City Council held a public hearing on July 27,
1993, to consider the decision of the Planning Commission of July
61 1993, to modify the conditions for granting a Conditional Use
Permit for an existing adult businesses upon reconsideration, and
to receive oral and written testimony regarding the matter and
made the following findings:
A. The applicant is requesting a conditional use permit for an
existing adult business, including an adult bookstore and
adult theater/arcade;
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. The subject adult business has a past history of being
conducted in an immoral and disorderly manner and the owner
has failed to exercise reasonable efforts to maintain order
among the customers and to prevent violations of the Civil
Code for lewd and lascivious acts;
E. Nuisances, violations, and the potential police response to
violations caused by this type of business are more
disrupting to nearby residents during the otherwise quieter
periods in the late night and early morning hours as
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evidenced by public testimony during public hearings on this
matter;
F. The conditions and required interior modifications as set
forth below, are necessary to prevent illegal and immoral
acts from continuing to occur on the premises and in the
vicinity, and will serve to mitigate potential threats to the
public safety and welfare;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Hermosa Beach, California, does hereby approve a
Conditional Use Permit to allow the adult business at 544 Pacific
Coast Highway subject to the following:
SECTION I (CONDITIONS OF APPROVAL)
Standard operating Conditions
1. Clearly visible signs shall be posted at all entrances to the
adult areas 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 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, but shall not be viewed from outside, and so
that any patron is also easily visible to anyone walking
through the premises.
4. There shall be no door or other similar closable screens on
video or film viewing booths.
5. No alcoholic beverages shall be sold or consumed on the
premises and appropriate notification of this restriction
shall be displayed on the premises.
6. The business shall not operate or be open to the public
between the hours of 10:00 P.M. and 10:00 A.M.
7. Advertisements, displays, or other promotional materials
shall not be shown or exhibited so as to be visible to the
public from exterior areas, and such displays shall be
considered signs.
8. No loudspeakers or sound equipment shall be used on the
premises that can be discerned from exterior areas.
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9. Outdoor signs or similar displays showing nude bodies,
topless or bottomless female bodies, or bottomless male
bodies shall be prohibited.
10. The establishment shall not adversely affect the welfare of
residents and/or nearby commercial establishments.
11. No home delivery of any materials that are distinguished or
characterized by the depiction or description of specified
anatomical areas or specified sexual activities.
12. The exterior and interior of the premises shall be maintained
in a neat and clean manner at all times.
13. All signs must comply with the City Sign Ordinance. Proper
sign permits shall be obtained from the Department of
Building and Safety.
14. 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
15. The final floor layout shall be substantially consistent with
submitted plans identified as the "proposed layout of the
business," revised in accordance with the conditions below
(including the removal of the large video viewing room), and
shall be implemented within sixty (60) days from the date of
approval of this resolution. Any minor modifications to the
plan shall be reviewed and may be approved by the Planning
Director.
16. The number of film or video viewing machines or booths shall
not exceed ten (10) machines.
17. There shall be only one individual per viewing booth at a
time with appropriate signage indicating this condition.
18. Adjacent viewing booths must be separated by permanent walls
with no holes or gaps to allow human contact or viewing into
the adjacent video booth.
19. All exterior signage shall not indicate XXX or pornographic
references.
20. The four (4) surveillance cameras shall be maintained and in
operational order. In addition, a uniformed security guard
shall be on the premises during all operating hours open to
the public.
21. The side exit door shall be maintained free and clear to
ensure fire and safety standards.
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22. 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.
23. A trash enclosure shall be provided with a minimum 5 -foot
high masonry enclosure and view obscuring gate in accordance
with Building Department requirements. (permits shall be
obtained from the Building Department prior to construction)
24. A revised floor plan and site plan shall be submitted to the
satisfaction of the Planning Director within 30 days from the
date of approval of this resolution indicating the following:
(a) location and size of proposed trash enclosure
(b) typical site dimensions and floor area dimensions
(c) Separate entrances into the adult and non -adult business
areas, and no interior connection between to two areas.
25. The subject building where the business is operated shall be
brought into conformance with all building and safety and
fire codes, and an additional bathroom shall be provided
26. The exterior of the buildings on site shall be repaired and
repainted.
27. The police chief may determine that a continuing police
problem exists and may require at all times the presence of
additional police approved doormen and/or security personnel
paid by the business to eliminate the problem, and then shall
submit a report to the City Council, which will automatically
initiate a review of this conditional use permit by the
Council.
28. The number of complaints shall be reviewed after one (1) year
to determine if the hours of operation should be modified or
the revocation process should be initiated.
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.
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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
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 result'n from the subject use.
PASSED, APPXQWED, and
ATT ST: l
TY CLERK
Beach, Cali
is 27th day of July, 1993.
le Y
APPROVED AS TO FFORM: "n
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CITY ATTORNEY
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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. 93-5626 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 therof on July 27, 1993.
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The vote was as follows:
-�AYES:
,Essertier, Midstokke, Mayor Pro Tempore Edgerton
NOES: Benz
,ABSTAIN : - ' Ngne
ABSENT: Mayor Wiemans
DATED: July 29, 1993
Deputy City Clerk