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P.C. RESOLUTION NO. 96-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, AS
AMENDED, TO ALLOW ON-SALE GENERAL ALCOHOL, IN CONJUNCTION WITH
AN EXISTING RESTAURANT AND ADOPTION OF A MITIGATED
ENVJRONMENTAL NEGATIVE DECLARATION AT 1332 HERMOSA A VENUE, AND
LEGALLY DESCRIBED AS LOTS 10, 11 AND 12, BLOCK 34, FffiST ADDITION TO
HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on January 16, 1996 to
receive oral and written testimony regarding this matter and made the following findings:
A. The applicant currently is allowed to serve beer and wine only in conjunction with the
restaurant, and is requesting an amendment to allow service of all types of alcohol and a
bar with seating;
B. The site is zoned C-2, Restricted Commercial, and is suitable for the existing use with the
proposed amendment;
C. The proposed use is compatible with surrounding commercial uses;
D . The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties;
E. The Staff Environmental Review Committee has conducted an environmental assessment
of the proposed live entertainment and determined that the project, with mitigation
measures incorporated to reduce off-site noise impacts of the live entertainment, results in
less than significant impact on the environment, and therefore qualifies for a mitigated
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, TO ALLOW ON-SALE GENERAL ALCOHOL AND
ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, SUBJECT TO THE
FOLLOWING CONDITIONS WHICH SUPERSEDE THE CONDITIONS OF
PREVIOUS RESOLUTION BZA 154-497.
SECTION I Specific Conditions of Approval
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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.
a . A site plan showing the entire property and identifying the subject location shall be
submitted.
The hours of operation shall be limited to between 8:00 AM. and 11 :00 P.M. daily.
Live entertainment shall be limited to "theme" type non-amplified entertainment, and be
limited to the hours between 4:00 P.M. and 11 :00 P.M.
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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 in the vicinity.
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 and 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 m a neat and clean manner, and
maintained free of graffiti at all times.
Any changes to the interior layout which alter the primary use of the restaurant space 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.
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.
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.
The project shall comply with the requirements of the Public Works Department.
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SECTION III
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 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 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.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Dettelbach,Merl,Perrotti, Chmn. Tucker
Comm.DiMonda
None
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 96-2 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
eetino of J 16, 1996 .
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