HomeMy WebLinkAboutPC Resolution 96-23l
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P.C. RESOLUTION NO. 96-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, AS
AMENDED, TO ALLOW EXPANSION OF AN EXIST~G RESTAURANT WITH ON
SALE ALCOHOL AND LIVE ENTERTAINMENT INTO THE ADJi\..CENT
BUILDING SPACE TO THE WEST; TO ADD OUTSIDE DINING, AND A BANQUET
ROOM AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 60
PIER A VENUE, LEGALLY DESCRIBED AS LOTS 12 AND 13, BLOCK 12,
HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on May 21, 1996, to receive
oral and written testimony regarding the requested Conditional Use Permit amendment and made
the following findings:
A
B.
The applicant is proposing to remodel the interior of the adjacent existing building,
previously used for a retail drug store, for purposes of expanding an existing restaurant
with on-sale alcohol and live entertainment, and is proposing to add a outside seating, and
occasional use of the expanded area for a banquet and meeting room;
No additional parking is required for this business as it is located within the Downtown
Enhancement District (OED), 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 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 OED has received a
Coastal Development Permit since November 1, 1994.
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
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weekends, and no more than 24,063 square feet of commercial development has
received Coastal Development Permits since the study.
The expansion of the existing restaurant into the adjacent commercial space is appropriate
for the subject location and will be compatible with surrounding commercial activities
along Pier Avenue and in the downtown district and further, the occasional use of the
space for banquets, parties, meetings, is consistent with and complementary to the
restaurant use;
Strict compliance with the conditions of approval will mitigate any negative impact
resulting from the issuance of the Conditional Use Permit.
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, SUBJECT TO THE FOLLOWING CONDITIONS
(WIDCH SUPERSEDE THE CONDITIONS OF CITY COUNCIL RESOLUTION 94,.
5713):
SECTION I Specific Conditions of Approval
21 1. 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. 22
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The area set aside for live entertainment, dancing, and/or assembly shall be as shown on
plans and shall not exceed 200 square feet in the main restaurant area, and shall not exceed
450 square feet in the new expanded restaurant/banquet room. 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. Maximum building occupancy shall be
calculated based on the above distribution of space and shall be conspicuou sly posted at all
times .
The hours of operation shall be limited to between 7:00 AM. and 2:00 AM. Daily.
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Management shall be responsible for ensuring that any private banquets, parties, meetings,
and any other related use or occupancy of any part of the premises are operated in
compliance with the condition of this permit, including all conditions related to
entertainment and noise.
The business shall participate in the City's downtown parking validation program,
providing validations for parking in public lots for no less than two hours.
Dancing shall be limited to between the hours of9:00 P.M. and 1:30 AM.
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CONDITIONS RELATING TO LIVE ENTERTAINMENT AND NOISE:
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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.
Management shall be responsible for maintaining music/entertainment volumes at
reasonable levels .
During any live entertainment and/or dancing, the exterior doors and windows shall
remain closed . The building shall be equipped with air conditioning to ensure comfort of
patron during live entertainment, and compliance with this condition .
No amplified music or entertainment of any kind shall be permitted in the outside seating
area.
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
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.
The project shall comply with the requirements of the Public Works Department.
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 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.
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16 . 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 .
SECTION II General operating and standard conditions:
5 1. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
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7 2. The business shall prevent loitering, unruliness, and boisterous activities of the patrons
outside the business, or in the immediate area .
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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.
SE CT ION ID
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 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
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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.DiMonda, Perrotti, Chmn. Tucker
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NOES:
ABSENT:
ABSTAIN
Comms. Dettelbach, Merl
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 96-23 is a true and complete record of the
acr3io taken by the Planning Commission of the City of Hermosa Beach, California at their
re , Iar eeting ofM 21, 1996.
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