HomeMy WebLinkAboutPC Resolution 96-101
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P.C. RESOLUTION NO. 96-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
ON-SALE BEER AND WINE, OUTSIDE DINING AND LIVE ENTERTAINMENT IN
CONJUNCTION WITH A RESTAURANT AND ADOPTION OF A MITIGATED
NEGATIVE DECLARATION AT 1301 MANHATTAN A VENUE AND LEGALLY
DESCRIBED AS LOTS 16, 17, AND 23, TRACT NO. 1125, AND LOTS 18&19, BLOCK
34, FmST ADDITION TO HERMOSA BEACH
WHEREAS, the Planning Commission held a public hearing on February 20, 1996, to
receive oral and written testimony regarding the subject project and made the following findings:
A The applicants are proposing to operate a restaurant and brewpub with on-sale beer and
wine, outside dining, and live entertainment in a portion of a new commercial building;
Adequate off-street parking is provided within the development, and supplemented by
downtown public parking to support the proposed use, pursuant the approval of the
Precise Development Plan for the construction of the building;
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D.
The proposed use of a portion of the new building site for a restaurant with on-sale beer
and wine is appropriate for the subject location and will be compatible with surrounding
commercial activities within the development and in the downtown district;
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 with the mitigating conditions included in this resolution will result in a less
than significant impact on the environment, 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 TO ALLOW ON-SALE BEER AND WINE, OUTSIDE DINING AND
LIVE ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT AND
ADOPTION OF A MITIGATED NEGATIVE DECLARATION SUBJECT TO THE
FOLLOWING CONDITIONS:
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SECTION I Specific Conditions of Approval
2 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. 3
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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.
The hours of operation shall be limited to between 7:00 AM. and 2:00 AM. Daily.
Outside dining or seating shall not be allowed later than 11 :00 P.M.on the lower patio, or
later than 10:00 P.M . on the upper patio. No new customers shall be seated on the patios
beginning an hour before the these times .
A minimum 6-foot high partition (glass or other material approved by the Community
Development Director) shall be installed around the perimeter of the outdoor seating areas
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
The hours for live entertainment shall be limited to the hours between 4: 00 P .M. to 1 : 15
AM. Monday through Friday, and from 9:00 AM . 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.
During the performance of amplified live entertainment, the exterior doors and windows
shall remain closed.
24 SECTION 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.
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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 restaurant 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
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 oflaw, 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
VOTE : AYES :
NOES:
ABSTAIN :
ABSENT:
Comms.Dettelbach,DiMonda,Merl,Perrotti, Chmn. Tucker
None
None
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 96-10 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
re~ m~F ruary 20, 1996.
Date
KR\h:\pc\RS1301
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