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HomeMy WebLinkAboutPC Resolution 09-01 - (140 Pier, New Orleans)P.C. RESOLUTION 09-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR DINING AND LIVE ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT USE AND SUPERSEDING PLANNING COMMISSION RESOLUTION 08-39, AT 140 PIER AVENUE, "NEW ORLEANS CAJUN CAA," LEGALLY DESCRIBED AS LOTS 13 & 14, FIRST ADDITION TO HERMOSA BEACH The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by New Orleans Cajun Cafe' seeking a Conditional Use Pen -nit amendment to allow live entertainment, limited to specified holidays and New Year's Eve being five (5) weekends per year and during five (5) city wide events or private events, with extended hours from 7:00 a.m. to 12:00 midnight and from 7:00 a.m. to 1:00 a.m. on New Year's Eve within the indoor portion of an existing restaurant at 140 Pier Avenue/l 131 Manhattan Avenue known as New Orleans Cajun Caf6. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Conditional Use Permit 09-1 on January 20, 2009, at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental Quality Act, pursuant to §15301, since the proposal involves minor alteration of use within an existing structure within an urban area that is anticipated to create no perceptible impacts on traffic, noise, air, or water quality. Section 4. Based on the testimony and evidence received the Planning Commission makes the following factual findings regarding the request for live entertainment: 1. The business is currently operating as a restaurant and is zoned C-2, Restricted Commercial, which allows live entertainment with approval of a Conditional Use Permit. 2. Residential dwellings adjoin the subject site and under the City's Noise Ordinance, noise must not be plainly audible from these residential properties between 10:00 p.m. and 8:00 a.m. daily. 3. The applicant requested live entertainment, namely an amplified band of musicians, is requested to 12:00 midnight for one evening per weekend over five (5) holiday weekends, to 10:00 p.m. on the Fat Tuesday of Mardi Gras (the day before Ash Wednesday), and to 1:00 a.m. on New Year's Eve. The applicant also requested to hold up to five (5) additional live entertainment events per calendar year, to 12:00 midnight to be held on one evening per weekend period during City sponsored holiday events or for private events, which may occur during the week, such that eleven (11) total live entertainment events were requested at the site per calendar year. 4. There has been a restaurant use onsite since 1975; New Orleans Restaurant has occupied the site since 1996 with no recorded nuisance complaints relating to noise disturbance. 5. The restaurant is nonconforming as to off-street parking. No additional offstreet parking is required as live entertainment is ancillary to the main restaurant use, so no change of use has occurred. 6. On October 21, 2008, the Planning Commission adopted Resolution 08-39 approving Conditional Use Permit amendment 08-8 authorized outdoor dining with ten (10) seats to be located in the outdoor patio area occupying approximately 186 square feet within the existing building footprint. 7. The site's proposed floor layout, including the outdoor dining patio, and interior floor plan will provide level and adequate access for mobility impaired patrons. Section 5. Based on the foregoing factual findings and pursuant to H.B.M.C. Section 17.40.020, the Planning Commission hereby finds that the site is suitable for live entertainment and patio dining because: It is located within a commercially zoned area where live entertainment is a permitted use subject to a conditional use permit. 2. The site does not contain a large restaurant establishment and cannot accommodate large live entertainment performances; the number of patrons at the existing establishment will not significantly increase and therefore traffic and other impacts will not intensify. 3. Live entertainment limited to six (6) events per year in conjunction with a restaurant use can be conditioned to mitigate potential noise and other impacts to residential uses in the vicinity. Section 6. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 09-1 allowing live entertainment and outdoor dining subject to the following Conditions of Approval: Outdoor Dining 1. Interior and exterior building operations and the continued use and operation of the restaurant shall be substantially consistent with the plans approved by the Planning Commission on September 16, 2008. 2. The size of the outdoor dining patio and outdoor dining seats limited to ten (10) shall be as shown on the approved floor plan. 3. All structures associated with restaurant use, including outdoor dining facilities and other landscaping features, shall be located wholly within the site boundaries and shall not encroach on the public right of way without written permission from the City of Hermosa Beach. 4. Noise emanating from the property shall be within the limitations prescribed by the City of Hermosa Beach's Municipal Code Chapter 8.24. 5. The exterior of the premises shall be maintained in a neat and clean manner and maintained free of graffiti at all times. 2 6. The runoff from washing and/or rinsing of restaurant equipment, including floor mats, food preparation utensils and other coverings, shall drain to the sewer system only; under no circumstances shall site run-off drain to the stormwater system. 7. The project shall comply with the requirements of the Fire Department. 8. Building plans/drawings 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. 9. Hours for outdoor dining shall be limited to 7:00 a.m. to 10:00 p.m. daily. 10. No live entertainment, dancing, amplified music, audio, television, or speakers of any kind shall be permitted in the outdoor dining patio. 11. This Resolution supersedes Resolution 08-39 approving CUP amendment 08-8, dated October 21, 2008. Live Entertainment 12. Live entertainment events are limited to the following: LNew Year's Eve December 31 — January 1 1 9:00 a.m. New Year's Eve to 1:00 a.m. New Year's Day 2. Mardi Gras Saturday & Fat Tuesday 2 9:00 a.m. to 12:00 midnight Saturday & (before Ash Wednesday) 9:00 a.m. to 10:00 p.m. Tuesday 3.Memorial Day Last Monday in May or 1 9:00 a.m, to 12:00 midnight Friday or weekend Memorial Day weekend Saturday; 9:00 a.m. to 10:00 p.m. Sunday or Monday 4. hidependence July 4 or July 4 weekend 1 9:00 a.m, to 12:00 midnight Friday or Day weekend Saturday; 9:00 a.m, to 10:00 p.m. Sunday; or 9:00 a.m. to 10:00 p.m. if July 4 falls on Monday to Thursday S. Labor Day First Monday in 1 9:00 a.m, to 12:00 midnight Friday or weekend September or prior Saturday; weekend 9:00 a.m. to 10:00 p.m. Sunday or Monday TOTAL LIVE ENTERTAINMENT 6 EVENTS PER YEAR 13. Total live entertainment events shall be capped at six (6) per year. The maximum hours of live entertainment shall be limited as shown in the table at Condition 12. Not more than one live entertainment event shall be permitted per weekend period (Friday to Sunday, plus the prior Thursday or Monday if the public holiday falls on this day, as shown in the table at Condition 12). 14. Live entertainment incidental to food service is permitted and the types permitted shall be consistent with the definition in Section 17.04.050 of the Municipal Code and may include live music, amplified or non -amplified, live comedy and/or live theatre; live entertainment shall be incidental in the sense that it entertains customers who are in the premises for the primary purpose of dining; dancing by employees and patrons is prohibited and signs shall be maintained in the restaurant notifying of this restriction. 15. As marked on the approved Plan C-1 (dated January 14, 2009), all live entertainment shall be located in the area marked `temporary stage area' (60 square feet); the applicant shall submit written evidence of sound -proofing measures to the rear exit door and no live entertainment shall occur onsite prior to written approval from the City's Building Official that adequate sound proofing measures to the rear door have been installed. 16. All openings, doors and windows along the south and east elevations must remain closed at all times during a live entertainment event, to minimize noise impacts on occupants of surrounding properties; management shall be responsible for maintaining amplified music volumes at levels not plainly audible to adjoining residential dwellings. 17. The Director of Community Development may require the applicant to install additional acoustic features to maximize sound proofing such as double -pane windows, additional insulation or equivalent, and installation of air conditioning so that windows and doors can remain closed during performances and/or undertake noise monitoring; alterations to the floor plan (C-1, January 14, 2009) and/or use must be approved in writing by the Planning Commission, except minor modification that do not affect use or intensity may be approved by the Community Development Director. 18. Amplified speakers shall not be placed in windows or doorways or in areas immediately adjacent to the public right-of-way; amplified speakers shall be directed in a northerly direction, away from adjoining residential properties at all times. 19. Bands and all other live entertainment shall set up before 8.00 p.m. and must remove all equipment within one-half hour after conclusion of approved hours for live entertainment; no band rehearsals may be conducted onsite. 20. The business shall provide adequate staffing, management and supervision to prevent unruliness, loitering and boisterous activities by patrons; the City may require the establishment to install a security guard at their own cost for a live entertainment event; a law enforcement officer may take such actions as is necessary to abate any noise disturbance and the City may hold the property owner liable for the cost to the city of providing such services. Other 21. The operation of the business shall comply with all applicable requirements of the Municipal Code; 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. U Section 7. 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 City of Hermosa Beach. Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a court of law, all other conditions shall remain valid and enforceable. The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this Conditional Use Permit. The City shall promptly notify the Permittee of any claim, action or proceeding and the City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of any claim, action or proceeding, or 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 that 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 Conditional Use Permit. Section 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: Comms.Darcy,Hoffhian,Perrotti,Chmn.Pizer NOES: Comm.Allen ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 09-1 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of January 20, 2009. /Y7 f&4 Y/11 'V Ron Pizer, Chairman January 20, 2009 W f.\b95\cd\pc\2009\01-20-09\140-pier-cup-liveent—finaI reso adopted