HomeMy WebLinkAboutPC Resolution 96-11.,
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P.C. RESOLUTION NO. 96-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, AS
AMENDED, AND A PARKING PLAN TO ACCEPT FEES IN-LIEU OF PARKING TO
ALLOW EXPANSION OF AN EXISTING BAR AND RESTAURANT WITH ON-SALE
ALCOHOL AND LIVE ENTERTAINMENT INTO THE ADJACENT BUILDING
SPACE TO THE WEST AND TO ADD A ROOF-DECK, AND ADOPTION OF A
MITIGATED NEGATIVE DECLARATION AT 4 & 8 PIER A VENUE, LEGALLY
DESCRIBED AS THE WESTERLY 75 FEET OF THE NORTHERLY 45 FEET OF
LOT 5, BLOCK 12, HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on February 20, 1996, to
receive oral and written testimony regarding the requested amendment and Parking Plan to
expand an existing restaurant and bar with on-sale alcohol and live entertainment and made the
following findings :
A.
B.
The applicant is proposing to remodel the interior of the adjacent existing building,
previously used for a restaurant with beer and wine, for purposes of expanding an existing
bar and restaurant with on-sale alcohol and live entertainment, and is proposing to add a
roof-top deck and seating area;
The additional parking required for this expansion is reduced to 65% of the amount of the
floor area that exceeds a 1: 1 F.A.R. as it is located within the Downtown Enhancement
District (DED), and pursuant to Section 1152.5 of the Zoning Ordinance and pursuant to
the Certified Coastal Land Use Plan, as recently amended, development in the OED on
building sites 10,000 square feet or less with 1: 1 F.A.R. or less is excepted from parking
requirements and t~e area that exceeds is reduced to 65% of parking required as
supported by the following findings:
1. Fewer than 96,250 square feet of commercial development, including new
buildings, expansions, and/or intensification of uses in the DED has received a
Coastal Development Permit since November 1, 1994.
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2. There is currently adequate parking to support the development and to provide
adequate beach parking.
3. A parking study recently completed for the downtown show the occupancy of the
parking spaces in the downtown is 90% or less during daylight hours on summer
weekends, and no more than 24,063 square feet of commercial development has
occurred since the study.
C. The expansion of the existing restaurant/bar into a former restaurant is appropriate for the
subject location and will be compatible with surrounding commercial activities along Pier
A venue and in the downtown district;
D . Strict compliance with the conditions of approval will mitigate any negative impact
resulting from the issuance of the Conditional Use Permit.
F. The Planning Commission concurs with the Staff Environmental Review Committee's
recommendation, based on their environmental assessment/initial study, that this
project will result in a less than significant impact on the environment with the
mitigating conditions of the resolution incorporated into the project, and therefore
qualifies for a Negative Declaration
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A CONDITIONAL
USE PERMIT, AS AMENDED, AND PARKING PLAN TO ALLOW EXPANSION OF
AN EXISTING BAR AND RESTAURANT WITH ON-SALE ALCOHOL AND LIVE
ENTERTAINMENT INTO THE ADJACENT BUILDING SPACE TO THE WEST
(WHICH SUPERSEDE THE CONDITIONS OF P.C. RESOLUTION 90-78 AND 91-52):
SECTION I Specific Conditions of Approval
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2.
The development and continued use of the property shall be in conformance with
submitted plans . Modifications to the plan shall be reviewed and may be approved by the
Community Development Director.
The hours of operation shall be limited to between 7:00 AM. and 2:00 AM. daily.
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The business shall part1c1pate in the City's downtown parking validation program,
providing validations for parking in public lots for no less than two hours.
A in-lieu fee or fund transfer approved by the Downtown Enhancement Commission shall
be provided in the amount .of $12,000 to a parking improvement fund, in-lieu of providing
the required two additional parking spaces on site, prior to occupancy of the expanded
roof deck seating area.
Architectural treatment shall be as shown on building elevations of submitted plans and any
modification shall require approval by the Community Development Director.
a. Any roof-top equipment shall be integrated into the architecture and be hidden from
street view.
6 . The project shall comply with the requirements of the Public Works Department.
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11.
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Final building plans/construction drawings including site, elevation, floor plan, sections,
details, landscaping and irrigation, submitted for building permit issuance shall be reviewed
for consistency with the plans approved by the Planning Commission and the conditions of
this resolution, and approved by the Community Development Director prior to the
issuance of any Building Permit.
The building shall be equipped with acoustic features to maximize sound proofing which
shall include the use of double-pane windows or an equivalent, and the installation of air
conditioning so that windows and doors can remain closed during performances. Any
additional acoustic treatment shall be provided in the interior if necessary to comply with
City's noise ordinance
A minimum 5-foot high solid protective barrier shall be provided and maintained on all
sides of the roof-top deck seating area, and amplified music or sound of any kind shall be
prohibited on the roof-top deck seating area.
The hours for live entertainment shall be limited to the hours between 9 :00 P.M. to 1:15
AM . Monday through Friday, and from 2: 00 P .M. to 1: 15 AM. on Saturday, Sundays,
and Federal and State Holidays, Cinco De Mayo, and St. Patrick's day.
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
to verify compliance with the noise ordinance in response to any complaints .
Management shall be responsible for the music/entertainment volume levels.
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13 . During the performance of amplified live entertainment, the exterior doors and windows
shall remain closed.
SE CTION II General operating and standard conditions:
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The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby .
The business shall prevent loitering, unruliness, and boisterous activities of the patrons
outside the business, or in the immediate area.
The Police Chief may determine that a continuing police problem exists and may, subject
to the review of the Planning Commission, direct the presence of a police approved
doorman and/or security personnel to eliminate the problem . If the problem persists the
Police Chief then shall submit a report to the Planning Commission, which will
automatically initiate a review of this Conditional Use Permit by the Commission .
The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
Any changes to the interior layout which alter the primary function of the business shall be
subject to review and approval by the Planning Commission .
The project and operation of the business shall comply with all applicable requirements of
the Municipal Code .
17 SE CT IONID
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This grant shall not be effective for any purposes until the permittee and the owners of the
property involved have filed at 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 and Parking Plan 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 agent s, officers, or em pl oyee to
attack, set aside, void or annul this permit approval, which actio n is bro ug ht within t he applicable
time period of Government Code Section 65907. The City shall promptly notify the permittee of
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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.
1. 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
12 VOTE : AYES: Comms.Dettelbach,DiMonda,Merl,Perrotti, Chmn. Tucker
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NOES:
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P. C. 96-11 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
re r eeting ofFe ary 20, 1996 . ;-:
.? -n ,.9.f
Date
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