HomeMy WebLinkAboutPC Resolution 08-28 - (22 Pier, Dragon)P.C. RESOLUTION 08-28
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, MODIFYING A
2 CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOL
AND LIVE ENTERTAINMENT, IN CONJUNCTION WITH AN
3 EXISTING RESTAURANT AT 22 PIER AVENUE, KNOWN AS
4 "DRAGON"
5 Section 1. The Planning Commission conducted a duly noticed public hearing to consider the
revocation or modification of the Conditional Use Permit governing the business at 22 Pier Avenue,
6 approved May 20, 2003 (P.C. Resolution 03-24) which allows on -sale general alcohol and live
7 entertainment in conjunction with an,existing restaurant. Said hearing was conducted pursuant to
Section 17.70.010 of the Zoning Ordinance on April 15 and May 20, 2008, at which testimony and
s evidence, both written and oral, was presented to and considered by the Planning Commission.
9 Section 2. The subject property is legally described as Lot 6, Block 12, Hermosa Beach Tract
10 04340, and identified as Assessor's Parcel Number 4187-005-005. The business owner is 22 Pier
LLC_
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Section 3. Based on evidence received at the public hearing, the Planning Commission
12 makes the following findings in support of modifying the Conditional Use Permit, pursuant to
13 Section 17.70.010 of the Municipal Code:
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15 1. The use for which the Conditional Use Permit was originally granted has been exercised as
to be detrimental to the public health and safety. The subject business has been the subject of several
16 calls for police services. Police records show that Dragon had received a total of 190 calls for service
between January 1, 2007 and April 1, 2008, which resulted in police response. Of these calls for
�� service, 82, or 43%, occurred between the hours of midnight and 2:00 AM. Investigation of these
18 calls by the Chief of Police and the evidence presented at the public hearing indicate that several
public disturbances and other violations have and continue to occur due to poor management,
19 staffmg, and supervisory techniques contrary to the terms of the Conditional Use Permit (Conditions
20 7, 8), and contrary to what is required of any responsible operation of an establishment serving
general alcohol under the license granted by the State Department of Alcoholic Beverage Control
21 ("ABC"). Based on the high number of calls for police service between the hours of midnight and
2:00 AM and the corresponding analysis prepared by the Chief of Police, it is concluded that an
22 earlier closing time (from 2:00 AM to 12:00 midnight) would substantially reduce the calls for police
23 service and better protect public safety. This behavior has adversely affected the public welfare and
the welfare of surrounding residential and commercial uses and has caused excessive noise and
24 disturbances, which is also inconsistent with the requirements of the Conditional Use Permit.
25 2. The Conditional Use Permit is being exercised contrary to the terms of the conditions of
26 approval and in violation of the regulations imposed by the Department of Alcoholic Beverage
Control ("ABC") pursuant to its Type 47 license. The audits conducted by the ABC indicate that the
27 business has been selling more alcohol than food. Additionally, Section 17.04.050 of the Hermosa
28 Beach Municipal Code defines a restaurant in part as an establishment which primarily sells prepared
food, and where other alcoholic beverages, not exclusively beer and wine, are sold, a minimum of
29 fifty (50) percent of the total gross sales, computed monthly, shall result from the sale of prepared
P.C. RESOLUTION 08-28
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food. Review of seven quarters of ABC report information indicate that less than fifty percent of the
business' total gross sales have resulted from the sale of prepared food. Section 6 of P.C. Resolution
03-24 states that the subject property shall be developed, maintained and operated in full compliance
with the conditions of the CUP 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. The Type 47 ABC -license is a
regulation applicable to the activity on the subject property and failure to cease a violation of the
license is a violation of Section 6 of Resolution 03-24. Sale of more alcohol than food is also a
violation of Section 17.04.050 of the Municipal Code and therefore, also constitutes a violation of
Section 6 of Resolution 03-24.
Section 4. Based on the foregoing, and pursuant to Section 17.70.010 of the Zoning Ordinance,
the Planning Commission hereby modifies the Conditions of Approval of the Conditional Use Permit
for on -sale alcohol and live entertainment, and outdoor dining in conjunction with a restaurant for the
.property at 22 Pier Avenue, which supersedes the conditions contained in P.C. Resolution 03-24 as
follows:
Permitted use: dinin . alcohol entertainment
1. The continued operation of the business shall be as a bona fide restaurant: the kitchen shall be
equipped to prepare food from its component ingredients whenever the restaurant is open and
it shall offer a full -service lunch and/or dinner menu; food service from the menu shall be
available during all hours that the establishment is open for business.
2. Alcohol may be served for on -premise consumption only and shall be served with an
accompanying food order and in a manner consistent with its license issued by the State
Department of Alcoholic Beverage Control (ABC).
The permittee shall maintain a summary of gross receipts of food and alcohol indicating the
percentage of each to the total on a monthly basis, to be audited and certified by a certified
public accountant. The permittee shall submit said summaries to the Police Chief monthly
for the four month period following approval of this Conditional Use Permit and quarterly
thereafter. The Police Chief reserves the right to request additional verification as needed to
verify compliance with this Conditional Use Permit. Failure to provide said quarterly reports
on a regular basis shall result in a request by the City to the ABC to investigate the subject
business's compliance with the alcohol license conditions.
4. Live entertainment incidental to food service is permitted, and the types permitted shall
consistent with definition thereof in Section 17.04.050 of the Municipal Code and may incli
live music, amplified (including disc jockeys) or non -amplified and similar live performari
such as stand-up comedy, and/or live theater on a regular basis. Live entertainment shall
"incidental" in the sense that it serves to entertain customers who are in the premises for
purpose of dining. Dancing by both employees and patrons is strictly prohibited and si;
shall be maintained in the restaurant notifying of this restriction. r
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P.C. RESOLUTION 08-28
S. Admission shall not be charged for entrance into the business, nor shall drink minimums of any
1 kind be imposed at any time. Entry to the establishment shall not be limited to persons 21
2 years of age or older.
3 6. The business is prohibited from using "outside promoters" to advertise the venue and to
organize and produce- events at the venue. Promoters as used herein are described as "an
4 individual or organization that uses the facilities of another owner to organize, oversee, or
5 otherwise promote entertainment that is not part of the primary business use. The business
shall be under the exclusive control of the owners at all times.
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7. The permittee shall not solicit, advertise, or otherwise encourage the use of its premises for
' "pub crawl" activities whereby persons travel in an organized or predetermined fashion
8 between premises with the goal of consuming alcoholic beverages at each stop along the way.
9 8. There shall be no reduced price alcoholic beverage promotion that would reduce the price of a
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single beverage below $ 3.00. This amount may be modified in the future to reflect changes in
economic conditions.
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Hours of operation
IZ
13 9. The hours of operation for all operations of the restaurant, including the bar areas, shall be
limited to between 7:00 A.M. and 12:00 Midnight daily. Live Entertainment shall be limited to
14 evenings and weekends, or between 7:00 PM and 11:30 Thursdays through Sundays and on
15 Federal and State holidays, Cinco de Mayo, and St. Patrick's Day. All customers shall vacate
the premises by not later than 12:00 Midnight and the doors shall be locked.
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17 Floor plan
18 10. The furniture and interior improvement within the business operation and outside patio shall
conform to the floor plan attached as Exhibit "A". Other than trivial or insignificant:
19 deviations in the placement or arrangement of furniture, no change whatsoever shall be made
20 to the interior of the premises that is inconsistent with the approved floor plan and under no
circumstances shall furniture or other interior/exterior improvements be rearranged to
21 accommodate dancing, more entertainment or greater occupancy absent approval by the
zz Planning Commission by way of modification of the Conditional Use Permit.
23 11. The establishment shall have no more than four (4) televisions.
24 11 Occupant Load; over-crowdin
25 12. The Fire Department shall maintain a record of the posted allowable occupant load for the
26 business and regularly check the business for occupant load compliance. The occupant load
shall not exceed the amount permitted as prescribed by the California Building Code, based on
27 the floor plan shown in Exhibit "A" which has been reviewed and approved by the Department
28 of Community Development and Fire Department (main restaurant) and Public Works
Department (outdoor patio within Encroachment Permit.area). An approved occupant load sign
29 shall be posted in the business as directed by the Fire Department.
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P.C. RESOLUTION 08-28
The privilege granted to the permittee to serve alcohol for on -premises consumption and to
1 offer live entertainment may be suspended pursuant to the provisions of this condition and the
2 Hermosa Beach Municipal Code, as it exists today or as may in the future be amended. In the
event that the business is found by the Fire or Police Department, following a count -out, to be
3 in excess of the posted maximum occupant load, the City Manager may suspend the sale and
4 service of alcoholic beverages and the operation of live ' entertainment for one day. If the
business is found to be in violation of occupant load a second or more time within twelve
s months of the first violation, the suspension shall be imposed for three days.
6 The permittee shall be notified of the suspension in writing. The date of the suspension shall be
7 as determined by the City Manager. The permittee may appeal the suspension by filing a
written notice of appeal with the City Clerk within ten calendar days of receipt of the notice of
8 suspension, Filing a written notice of appeal shall stay the notice of suspension while the appeal
is pending. The appeal shall be heard by the City Council at its next regular meeting, subject to
9 agenda posting requirements. The City Council shall hear testimony and consider evidence
10 regarding the factual circumstances of the over -occupancy violation and shall uphold the
suspension if the evidence supports the existence of the violation. The City Council's decision
I I shall be final.
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Nuisance avoidancepatron behavior and noise
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13. The business shall not operate in a manner that adversely effects or interferes with the
14 comfortable enjoyment of neighboring residential and commercial property.
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14. The business owner shall install and/or maintain security lighting on the exterior of the
16 building subject to approval by the Police Chief and Department of Community
Development.
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18 15. The business shall employ adequate staffing and management/ supervision to prevent serving
underage persons, over -serving alcohol, and loitering, unruliness, and boisterous behavior
19 by patrons both inside and outside on the business premises, or in the immediate area. In
particular, the permittee shall implement and maintain the policies entitled "Regarding the
�0 Dragon's prohibition on dancing and the Dragon's responsible sale and service of alcoholic
21 beverages" as submitted to the Planning Commission on May 20, 2008 and attached as
Exhibit `B".
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23 16. If the Police Chief determines that there are a disproportionate number of police calls to the
business due to the disorderly or disruptive behavior of patrons and the inability or refusal of
24 the business to manage its patrons, the Chief shall so notify the Director of Community
Development of this action, who shall forthwith schedule a public hearing before the Planning
zs Commission to consider modification or revocation of this Conditional Use Permit,
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17. The business shall comply in all other respects with Municipal Code Chapter 8.24 (Noise
27 Control) and noise from the premises shall not constitute a public nuisance.
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P.C. RESOLUTION 08-28
18. The permittee shall implement and maintain the noise control recommendation in the acoustical
1 study prepared by Davy and Associates dated June 9, 2004 and attached hereto as Exhibit "C",
2 to the satisfaction of the City, as well as features previously installed or implemented measures
including: double paned windows, solid doors, self closing hardware on doors, and air
3 conditioning system of adequate capacity. In addition, the permittee shall continue to have all
4 doors and windows in a closed position during performance of any live entertainment and the
business management shall be responsible for volume levels of all music or live entertainment.
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19. No live entertainment, dancing, amplified music, audio, television or speakers of any kind
6 shall be permitted in the outside seating areas that are maintained pursuant to an
7 encroachment permit. In no event shall continuous, sustained or repeated noise from the
business be audible at the property line of any residential premises at any time.
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20. The permittee shall post and enforce a dress code that provides:
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11 "DRESS CODE: Shoes and shirts required, no gang clothing or other articles/jewelry
�° indicative of gang affiliation is permitted, no beanies, no bandanas ands no offensive message
11 on clothing is permitted. We reserve the right to refuse service to anyone"
12 21. The exterior of the premises shall be maintained in a neat and clean manner, and maintained
13 .free of graffiti at all times.
14 11 Miscellaneous conditions
15 22. The provisions of this Conditional Use Permit shall take effect immediately upon adoption by
the Planning Commission and upon completion of the applicable appeal period, should no
16 appeal be filed.
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23. This Conditional Use Permit shall supersede and replace all Conditional Use. Permits
1.8 previously approved for the property and P.C. Resolution 03-24 is hereby rescinded and is of
no further force and effect.
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20 24. The restaurant shall be subject to review by the Planning Commission six months after the
effective date of this Resolution and annually thereafter to verify conformance with the
21 Conditions of Approval.
22 25. The operation of the business shall comply with all ordinances, regulations and laws applicable
23 to a business of this kind in effect as of the date hereof or hereafter adopted. In addition to any
other remedy available at law, in equity or as provided in the Municipal Code, any: (i) any
24 significant or material violation, or (ii) any repeated, continuous or sustained violation of any
condition of approval of this Conditional Use Permit shall constitute cause for revocation of
2s this Permit. The Permittee shallbe be required to reimburse the City fully for its costs and
26 expenses, including but not limited to attorney's fees, in undertaking any such corrective
action. Reimbursement of enforcement costs shall constitute a civil debt and may be collected
27 by any means permitted by law. In the event that violations of this Permit occur, the City shall
refrain from issuing further permits, licenses or other approvals until such violation has been
28 gully remedied.
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P.C. RESOLUTION 08-28
Section 5. The Conditional Use Permit, as modified, shall be recorded, and proof of recordation
z shall be submitted to the Community Development Department.
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Each of the above conditions is separately enforced, and if one of the conditions of approval is found
4 to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
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The subject property shall be developed, maintained and operated in full compliance with the
6 conditions of this grant and any law, statute, ordinance or other regulation hereafter adopted that is
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.
s
The Planning Commission may review this Conditional Use Permit and may amend the subject
9 conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the
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neighborhood resulting from the subject use.
11 VOTE: AYES: Comms.Allen, Hoffman, Pizer, Chrmn.Perrotti
NOES: Kersenboom
12 ABSTAIN: None
13 ABSENT: None
14
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CERTIFICATION
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17 I hereby certify the foregoing Resolution 08-28 is a true and complete record of the action taken by the
is Planning Commission of the City of Hermosa Beach, California, at their regular meeting of May 20, 2008.
19
20 Sam Perrotti, Chairman en Ro , Secretary
21
22 11 May 20 2008
Date
23
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Attachments:
25 Exhibit A: Seating and Occupant Load Floor Plan Approved for 22 Pier Avenue 12/20/07
Exhibit B: Dragon Policies Regarding Prohibition on Dancing and Responsible Sale/Service of Alcohol
26 Exhibit C: Noise Study by Davy and Associates June 9, 2004
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Exhibit A: Floor plan (interior and patio)
Dragon Restaurant — Modified .CUP Resolution
(200$)
A L L E Y
ENTRY TO M05TEL AN UPPER FLOOR$
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DEC 0 b 2007 6
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ADJAC, NT BUSINESS PIER PLAZA
PU13UC R.O.W.
DIF f:IGHTMOLISf!
�rj Cnxfsic cfub3
Peet not 204 5q. Ft. 0 R A G 0 N RESTAURANT
ft. ya Ft OUTDOOR DINING P A T 1 0
Ft. 17 Occupants
ENCROACHMENT PERMIT PLAN1 22 Pier Avenue Ftermosa Beach GA
'Ir5eet3 . j 2 Occupants Lot G 0k 12 HB Tract
T 1w sea TOTAL 3q OGGUPANTS
WANTS
152 Squares feet
39 Qcoupants
325 square feet
scale 1/8" - 1', O-
NOTE$
ALL C0001I0145 SHOWN ARE IEw5TING
NO 00"TRLJO IOH IS PRC?Pd5fD
/7
52 squares feet
377 sgware Peet
-
30 NOV 2OD7
THE DRAGON
We care about our guests, their safety and the safety of others. Our goal is
to create a hospitable atmosphere for all of our guests. To that end, it is
the goal of this policy to encourage our guests to enjoy themselves in both
comfort and safety inside our establishment, and after they leave our
establishment. The best way we can accomplish this goal is to encourage our
guests to drink responsibly, and to help them make proper decisions regarding
consumption of alcohol.
All Employees are required to review and sign this policy statement confirming
their understanding. Any employee who does not follow this policy will be
disciplined or terminated as appropriate.
I. NO Dancing is permitted at The Dragon. All employees of The Dragon,
including security personnel, bartenders, servers and mangers, shall be
responsible for enforcing this policy. If an employee of The Dragon observes
a patron dancing, that employee shall immediately inform the dancing patron
that dancing is strictly prohibited at The Dragon and shall politely request the.
patron to cease dancing. If the dancing patron refuses to cease dancing, the
employee shall contact a manager who will then immediately ask the dancing
patron to leave the premises.
'. Security personnel to patrol the interior of the premises to ensure that
Oil policies of The Dragon, including the prohibition on dancing, are being
followed by its .patrons and employees.
3, It is the policy of Dragon to encourage responsible consumption of
alcoholic beverages and not serve persons who look or act intoxicated, even if
they say they are taking a. taxi or have arrangements for a ride.
4. Dragon will promote food and other non --alcoholic items. Appetizers
including high fat foods (which slow alcohol absorption) will be available until
closing time.
Page 1 of 3 Exhibit B: Management policies
Dragon Restaurant — Modified. CUP Resolution
(2008)
In
5. It is understood that there is no substitute for personal responsibility
with respect to consuming alcoholic beverages, however, employees are
required to make reasonable and good faith efforts to look for signs of
obvious intoxication and not- serve those patrons that appear to be obviously
intoxicated.
6. It shall be the policy of each Dragon employee to look for signs of
intoxication and not to serve any person(s) who look(s) or act(s) obviously
intoxicated.
Watch for any or a combination of any of the following signs of obvious
intoxication:
• Loss of inhibitions
• Impaired judgment
Impaired reactions
Loss of coordination
7. Management or supervisors will support servers' decisions to stop service
MY to y patron who appears obviously intoxicated.
B. It shall be the policy of Dragon to send all employees involved in the
service or sale of alcoholic beverages to the ABC LEAD Training Program.
Completion of this training for new hires shall be coordinated with the ABC
and new hires shall be sent to the next available class offered by the ABC.
This training shall be updated as appropriate.
9. br"On supports the "Designated Driver" Program. Servers will ask
groups of four or more if there is a Designated Driver.. The Designated
Driver may receive free non-alcoholic drinks and/or food such as an appetizer
or dessert If the server sees the Designated Driver drinking alcohol, the
Designated Driver must pay for all drinks and food he has consumed.
10. Dragon will participate and support a tax! -ride program.
11. Dragon will post a list of taxi phone numbers in visible locations and will
offer to contact a maxi service for patrons when it seems appropriate.
12. Signs regarding over -intoxication shall be posted on the premises.
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Page 2 of 3
13. Security personnel to discourage fights, disturbances or other unlawful
violations occurring on the premises.
14. Security personnel shall not permit the entrance of obviously intoxicated
individuals.
15. Security personnel to patrol the immediate exterior of the premises to
ensure alcoholic beverages not being consumed in those areas.
16. Security personnel to patrol the immediate exterior to ensure there is
no excessive noise, abusive behavior, public disturbance or other violations.
17. Security personnel to ensure the orderly dispersal of customers from
the facility and parking area at closing time, preventing any disorderly
congregations.
)employee Responsibility Statement
Employee: Read and Sign
Funnderstand that our business is dedicated to the safe and responsible sale and service of alcohol.
t knowingly serve alcohol to an underage or obviously intoxicated person.
I have read and understand our policies. I understand_ that if I follow these policies; management
will sully support my decisions.
I also recognize that my failure to follow these policies may result in job probation, suspension_,
loss of hours, or termination from this employment.
Employee Signature bate
Pc14� C - A'-P;DI- i TOM - URAGOWSAKI iOfagoa &,..r Fplic.d.
Page 3 of 3
Dewy
i, &Associates, Inc. SUNa 200
Consultants in Acoustics
2627 Manhattan Beach Blvd, Suite 212 • Redondo Beach, CA 90278-1604 - Tel. 310-643-5161 • Fax; 310-643-5364 • Bmail:DavyAsaoe@aot.com
PROJECT MEMORANDUM
TO:
MARK COSGROVE
FROM:
BRUCE DAVY
PROJECT:
DRAGON
DATE:
JUNE 9, 2004
JN:
2004-57
MEMO NO:
P2004-57-1
SUBJECT:
EXTERIOR NOISE IMPACT
1.
2.
Ambient noise measurements were made at the closest residential Building to
the south of the Club on June 8, 2004 between the hours of 9:00 p.m. and
10:00 p.m. These measurements were made with a Larson Davis Model 820
sound level meter calibrated with a B&K Model 4230 acoustical calibrator prior
to and following the measurements. At this.location, average noise levels were
measured when there was music in the Club and when there was no music.
Ambient noise at the measurement location was dominated by traffic on
Hermosa Avenue to the east. The results of the ambient measurements and
measurements when music was being played are summarized in Table 1.
Exhibit C: Davy and Associates ,Acoustical Study
Dragon Restaurant — Modified CUP Resolution
(2008)
R
(F
;r
P2004-57-1 June 9, 2004
Dragon Table 1 Page Two
Measured Noise Levels in dB at
I South Property Line
NoIsLevel
Ambient 61.8 dBA
l
Music - Door Open 61.0
Music - Door Closed not audible
3. Chapter 8.24 - Noise Control of the Hermosa Beach City Code states that for
commercial establishments adjacent to residential property, noisefrom the
premises of any commercial establishment including any outdoor dining area
part of the establishment between the hours of 10:00 p.m. and 8:00 a-m. that is
plainly audible at the residential dwelling units' property line is prohibited.
4. Based on the results shown in Table 1 above, measured noise levels at the
south residential property were barely audible with the Club door open and not
audible with the door closed. Therefore, noise levels from the Club area will not
i be audible at.the south residential property and they will be in compliance with
the Hermosa Beach Noise Ordinance.
5. It is recommended that the rear door of the Restaurant not be blocked opera or
held open when there is amplified music being played inside.
Bruce.& Davy, P_
Davy & Associates, Inc.
I.N.C.E. Board Certified
Distribution: Mark Cosgrove
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