HomeMy WebLinkAboutPC Resolution 97-261
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P.C. RESOLUTION 97-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDffiONAL USE PERMIT AND PARKING
PLAN, AS Al\1ENDED, TO ALLOW TWO STAGES AN ADDITIONAL BAR AND
ADDED SEATING IN CONJUNCTION WITH A RESTAURANT WITH ON-SALE
ALCOHOL AT 705 PIER AVENUE AND LEGALLY DESCRIBED AS A PORTION OF
LOT 1, TRACT 9203, AND LOTS 11-18 INCLUSIVE, BLOCK 80, SECOND ADDITION
TO HERMOSA BEACH TRACT
WHEREAS, the Planning Commission held a public hearing on March 18, 1997, to receive
oral and written testimony regarding an application for a Conditional Use Permit Amendment and
made the following findings:
A The subject restaurant site is already authorized for on-sale alcohol by a Conditional Use
Permit granted on March 15, 1994, (P.C. Resolution 94-10).
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The additional seating, bar, and stages will not significantly intensify the use of the site as
long as the use remains primarily a restaurant;
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E.
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The use of the site for a restaurant is appropriate for the subject location and will be
compatible with surrounding commercial activities along Pier A venue;
Strict compliance with the conditions of approval will mitigate any negative impact resulting
from the issuance of the Conditional Use Permit;
The project is Categorically Exempt from the requirements of the California Environmental
Quality Act, pursuant to Section 15301 New Construction and Conversion of Small
Structures of the CEQA guidelines, as it involves the minor alteration of an existing facility.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Hermosa Beach, California does hereby approve a Conditional Use Permit and
Parking Plan Amendment to allow stages and an additional bar to the existing
restaurant with on-s-ale alcohol, subject to the following conditions, which supersede
the conditions of Planning Commission Resolution 94-17:
2 7 SECTION I Specific Conditions of Approval
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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.
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a. Plans shall indicate that the outside waiting area shall have no service. In the event
that future service occurs, at no time shall the use of the public right-of-way be
used by the servers.
2. The primary emphasis of the business shall be maintained as a restaurant. Live
entertainment and dancing shall be secondary, and shall not be a separate or main attraction
or show, or promoted as such.
3. The hours of operation shall be limited to between 8:00 A.M. and 2:00 A.M. daily.
4 . Live entertainment shall be limited to using non amplified instruments such as a piano,
guitar, violin, etc. If entertainment is to include amplified (i .e. use of electrical amplifier)
live entertainment, an acoustical study shall be prepared by an acoustical expert, including
proposed sound dampening features to baffle and direct sound away from the entrance/exit
and window areas to ensure compliance with the noise ordinance. Said study and sound
dampening features shall be reviewed and approved by the Community Development
Director and shall be implemented in the building.
a. The acoustical study shall be based on the worst-case noise scenario, or on a sound
level that will not be exceeded at any given time.
b. Management shall be responsible for the music/entertainment volume levels.
c. During the performance of any amplified live entertainment, the exterior doors and
windows shall remain closed.
SECTION II 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 th~ 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.
4 . 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 repo rt to the Planning Commission, which will
automatically initiate a review of this conditional use permit by the Commission.
5. The exterior of the premises shall be maintained in a neat and clean manner, and maintained
free of graffiti at all times.
6. 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.
7. The project and operation of the business shall comply with all applicable requirements of
the Municipal Code.
SECTION III
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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 a the office of the Department of Planning 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
Planning 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.
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.
VOTE: AYES: Comms. Perrotti, Pizer, Chmn. Tucker
NOES: none
ABSENT: Comms. Merl, Schwartz
ABSTAIN: none
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 97-26 is a true and complete record of the action
tak the Plannin Commission of the City of Hermosa Beach, California, at their regular
m etin a M 997 .
Jf-15-22
Date
cur97-3
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