HomeMy WebLinkAboutPC Resolution 97-431
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P.C. RESOLUTION NO. 97-43
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, AND ENTERTAINMENT
IN CONJUNCTION WITH A RESTAURANT, AT 73 PIER A VENUE, AND LEGALLY
DESCRIBED AS LOT 27, BLOCK 13 HERMOSA BEACH TRACT
6 WHEREAS, the Planning Commission held a public hearing on June 17, 1997, to receive
7 oral and written testimony regarding this matter and made the following findings:
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The subject premises is already approved for on-sale beer and wine in conjunction with a
restaurant, and the applicant is requesting and amendment for on-sale general alcohol in
conjunction with the restaurant and to modify the interior floor plans to add a small
entertainment stage ;
The site is zoned C-2, Restricted Commercial, and is suitable for the proposed use with
the proposed amendments;
The proposed use is compatible with surrounding commercial uses;
The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties;
The amendment is categorically exempt from the requirement for an environmental
assessment pursuant to Section 15301 class 1 (" .. .involving negligible or no expansion of
use beyond that previously existing .... ") of the California Environmental Quality Act
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 WHICH
SUPERSEDE THE CONDITIONS OF .PC RESOLUTION 94-27:
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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. Any minor modification 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 A.M. daily.
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Entertainment shall be limited to the "entertainment stage" as shown on submitted plans
on file.
Live entertainment shall be limited to using non-amplified instruments such as a piano
guitar, violin, etc. If entertainment is to include amplified (use of electrical amplifier)
musical instruments, 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 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 live entertainment, the exterior doors and
windows shall remain closed.
Any waste products resulting from the brewing process shall either be disposed of in the
refuse container or removed from the premises as needed . No temporary storage of any
waste product or any other refuse or other materials shall be permitted in the public right
of-way.
The business shall participate in the parking validation program to provide for customer
parking in Downtown public parking lots.
Bicycle racks shall be provided on-site in a location and number to the satisfaction of the
Community Development Director. If satisfactory public bicycle parking facilities are
provided in the future nearby the subject location, this condition may be waived by the
Community Development Director.
Any odors emanating off site as a result of the brewing process shall be eliminated.
19 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.
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
Chief then shall submit a report to the Planning Commission, which will automatically
initiate a review of this Conditional Use Permit by the Commission.
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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 function of the restaurant shall
be subject to review and approval by the Planning Commission.
The project and the continued operation of the business shall comply with all applicable
requirements of the Municipal Code.
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.
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.
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.
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 :Bark.i~ :Pia& ana 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 .
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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 Com.mission 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:
NOES:
ABSTAIN:
ABSENT:
Comms. Merl, Pizer, Schwartz, Chmn. Tucker
none
none
none
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 97-43 is a true and complete record of the
action aken by the Planning Commission of the City of Hermosa Beach, California at their
ar eeting of June 7, 1997 .
/J
Sol Blumenfeld Sec etary
Date •
cur976
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