HomeMy WebLinkAboutRES-94-5713 (CUP/68 PIER AVE)1
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RESOLUTION 94-5713
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO
SUSTAIN THE DECISION OF THE PLANNING COMMISSION, UPON
RECONSIDERATION, TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT
FOR A RESTAURANT WITH ON -SALE BEER AND WINE TO INCLUDE FULL
ALCOHOL, EXTENDED HOURS UNTIL 2:00 A.M. AND ANCILLARY DANCING AND
LIVE ENTERTAINMENT AT 68 PIER AVENUE.
WHEREAS, the City Council held a public hearing on November 22, 1994, to reconsider
the Planning Commission's decision to approve the subject conditional use permit amendment and
to consider oral and written testimony on the matter, and;
WHEREAS the Planning Commission held a public hearing on the conditional use permit
amendment at their meeting of October 18, 1994, and approved the request subject to conditions
as contained in Planning Commission Resolution 94-30, and;
WHEREAS after considering the decision of the Planning Commission, and the testimony
at the public hearing, the City Council generally agrees with the Planning Commission, and agrees
with findings of the Planning Commission as set forth in Planning Commission Resolution 94-30,
which are incorporated herein by reference, and;
WHEREAS, the City Council desires to modify some of the conditions as imposed by the
Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY SUSTAIN THE
DECISION OF THE PLANNING COMMISSION, UPON RECONSIDERATION, TO
GRANT A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON -SALE
ALCOHOL, EXTENDED HOURS TO 2:00 A.M. DAILY, AND ANCILLARY LIVE
ENTERTAINMENT AND DANCING AT 68 PIER AVENUE, SUBJECT TO THE
FOLLOWING CONDITIONS WHICH MODIFY AND SUPERSEDE THE
CONDITIONS OF PLANNING COMMISSION RESOLUTION 94-30
SECTION I Specific Conditions of Approval
1. The project shall be substantially consistent with submitted plans. Modifications to the
plan shall be reviewed and may be approved by the Community Development Director.
A. Final plans for the store front improvements shall be reviewed and approved by the
Community Development Director prior to their implementation. Additionally
elevations shall be submitted for approval for the rear of the building
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2. The primary emphasis of the business shall be maintained as a restaurant. Live
entertainment and dancing shall be secondary.
A. The area set aside for live entertainment and dancing shall be as shown on plans and
shall not exceed 200 square feet. The main dining area which extends from the
front of the restaurant to the front of the kitchen area shall remain as seating for
restaurant purposes at all times.
3. The hours of operation shall be limited to between 8:00 A.M. and 2:00 A.M. daily.
4. Dancing shall be limited to between the hours of 9:00 P.M. and 1:30 A.M.
If entertainment is to include amplified live entertainment, an acoustical study shall be
reviewed and approved by the Community Development Director and shall be implemented
in the building.
a. Management shall be responsible for maintaining music/entertainment volumes at
reasonable levels.
b. During any live entertainment and/or dancing, the exterior doors and windows shall
remain closed.
5. All exterior glass windows or doors shall be equipped with double -pane glass or a
comparable substitute with equivalent sound dampening properties to the satisfaction of the
Community Development Director.
6. There shall be a review of the operation of the new restaurant 6 months after its opening
date.
SECTION H General operating and standard conditions:
1. The establishment shall not adversely effect the welfare of the residents, and/or commercial
establishments nearby.
2. The business shall provide adequate staffing, management and supervisory techniques to
prevent loitering, unruliness, and boisterous activities of the patrons outside the business
and in the parking areas.
3. Noise emanating from the property shall be within the limitations prescribed by the city's
noise ordinance and shall not create a nuisance to surrounding residential neighborhoods,
and/or commercial establishments. Noise emanating from the property shall be monitored
six months from the date of the operation of the new restaurant to verify compliance with
the noise ordinance, and thereafter periodically or in response to any complaints.
4. 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.
5. 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
problem, and then shall submit a report to the Planning Commission, which will
automatically initiate a review of this conditional use permit by the Commission.
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6. The exterior of the premises shall be maintained in a neat and clean manner, and maintained
free of graffiti at all times.
7. Any significant changes to the interior layout which would alter the primary function of the
restaurant shall be subject to review and approval by the Planning Commission.
8. This conditional use permit is issued exclusively for and as long as the premises remains a
restaurant; a minimum of fifty (50) percent of the total gross sales, computed monthly,
shall result from the sale of prepared food.
The city shall have the right during business hours upon 15 days notice to inspect the
books and records of the applicant to determine the gross sales of food and/or the gross
sales of alcoholic beverages. Upon request at the time the City inspects the books and
records of the applicant, the applicant shall also submit to the City copies of all records
submitted to the State Board of Equalization for purposes of computing sales tax.
Applicant gives the right to the City to review the records of the State Board of
Equalization for the purpose of verifying the applicants books and records, with the
understanding that these reviews are confidential.
9. Any violation of the conditions of approval and/or violation of the Hermosa Beach
Municipal Code may be grounds for a public hearing for revocation of the conditional use
permit.
10. The project and operation of the business shall comply with all applicable requirements of
the Municipal Code.
SECTION III
This grant shall not be effective for any purposes until the permittee and the owners of the
property involved have filed a the office of the Planning Division of the Community Development
Department their affidavits stating that they are aware of, and agree to accept, all of the conditions
of this grant.
The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the
Community Development Department.
Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court of law, all the other conditions shall remain valid an enforceable.
Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees
from any claim, action, or proceeding against the City or its agents, officers, or employee 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 no 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.
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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 IV
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 OOP„Thi§,,1 3 thday of December , 1994
PRESIDENT of the City Co� AiWOR of the City of Hermosa Beach,
California
ATTEST. ' - APPROVED AS TO FORM:
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CITY CLERKeJC_ VO* 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. 94-5713 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 December 13, 1994.
The vote was as follows:
AYES:
Bowler, Edgerton, Oakes, Reviczky, Mayor Benz
NOES:
None
ABSTAIN:
None
ABSENT:
None
DATED: December 19, 1994
�-a -Aw t A,
Deputy City Clerk