HomeMy WebLinkAboutPC Resolution 07-01 - (705 pier).2
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P.C. RESOLUTION 07-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, MODIFYING A CONDITIONAL USE
PERMIT FOR ON -SALE GENERAL ALCOHOL, IN CONJUNCTION WITH
AN EXISTING RESTAURANT AND REVOKING THE APPROVALS FOR
LIVE ENTERTAINMENT AND OUTDOOR DINING, AT 705 PIER AVENUE,
KNOWN AS "CLUB 705" AND "SAFFIRE"
Section 1. The Planning Commission conducted a duly noticed public hearing to consider the
revocation or modification of Conditional Use Permit, approved March 18, 1997 (P.C. Resolution 97-26),
and amended May 5, 2001 to allow outside dining (P.C. Resolution 01-18), pursuant to Section 17.70.010
of the Zoning Ordinance on December 6, 2006 and January 11, 2007, at which testimony and evidence,
both written and oral, was presented to and considered by the Planning Commission.
Section 2. Based on evidence received at the public hearing, the Planning Commission makes the
following findings:
1. The Hermosa Beach Chief of Police reported major disturbances due to unruly behavior of the
patrons and inadequate management of the existing restaurant, including overcrowding, repeated noise
violations, loitering, assaults, serving alcohol to underage customers, and public intoxications.
2. This repeated pattern of disturbances and other violations was determined to be the result of
poor management, staffing, and supervisory techniques as required by the Conditional Use Permit, and as
required of any responsible operation of an establishment serving general alcohol under the license granted
by the State Department of Alcohol Beverage Control. This behavior adversely affected the public
welfare and the welfare of surrounding commercial establishments and caused excessive noise creating a
nuisance, which also inconsistent with the requirements of the Conditional Use Permit.
3. The area approved for outdoor dining use, approved in May 2001, has not been used for that
purpose in several years.
4. Based on the above evidence provided by the Police Department the permit has been exercised
contrary to the terms and conditions of the permit, in violation of the Municipal Code, and the portion for
outside dining has ceased to exist.
Section 3. Based on the foregoing, and pursuant to Section 17.70.010 of the Zoning Ordinance, the
Planning Commission hereby revokes the Conditional Use Permit for live entertainment and outdoor
dining and modifies the Conditions of Approval, which supersedes the conditions contained in P.C.
Resolutions 9 7-26, and 01-18:
1. The continued use of the restaurant shall be substantially consistent with plans submitted and
approved by the Planning Commission on May 15, 2001, with the exclusion of the outdoor
dining area. Minor modifications to any of. the plans shall be reviewed and may be approved by
the Community Development Director.
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2. The Conditional Use Permit applies exclusively to on -sale alcohol in conjunction with a
restaurant and no live entertainment. Any intensification of use involving live entertainment,
such as providing a disc jockey or other forms of amplified music for customer dancing, any
type of live entertainment (i.e. live. music whether acoustic or amplified, comedy acts, or any
other type of performances) or extended hours of operation beyond what is specified requires
amending this Conditional Use Permit. In the event the City establishes an entertainment
permit program, the owner must apply and receive the permit in order to offer any kind of live
entertainment.
3. If the Conditional Use Permit is amended to provide dancing, live music, or other live
entertainment an acoustical analysis shall be conducted to verify compliance with the noise
ordinance, demonstrating that noise will not be audible from any adjacent residential use or
from the adjacent street. Mitigation measures to attenuate noise may include sound baffles,
double -glazing and other methods specified in the acoustical study. The Community
Development Director shall approve the scope of the acoustical study. Any sound attenuation
recommendations provided in the acoustical study must be completed and approved by the
Community Development Department prior to offering live entertainment and failure to
implement any of said recommendations will automatically initiate a review of this Conditional
Use Permit by the Planning Commission.
4. The hours of operation for all operations of the restaurant, including the lounge/bar areas, shall
be limited to between 7:00 A.M. and 12:00 Midnight.
5. The parking area and exterior access at the North West side of the restaurant shall be used for
egress to the restaurant only with appropriate signage restricting use to access only and
appropriate lighting and security. A security plan for the parking area and the exterior north
access shall be submitted for review and approval of the Police Chief and shall be implemented
on site. No outdoor use in the north parking area other than access to the facility is permitted.
6. The business shall not operate in a manner as to have and adverse effect on or interfere with
comfortable enjoyment of neighboring residential and commercial property.
7. The business is prohibited from using "outside promoters" to advertise the use to obtain
customers. Promoters as used herein are described as "an individual or organization who uses
the facilities of another owner to organize, oversee, or otherwise promote entertainment that is
not part of the primary business use.
S. Noise emanating from the property shall be within the limitations prescribed by the City's noise
ordinance and shall not be plainly audible from any residence, and shall not create a nuisance
to surrounding residential neighborhoods, and/or commercial establishments.
9. The restaurant shall be subject to annual review by the Planning Commission to verify
conformance with the Conditions of Approval.
10. The restaurant shall discontinue operations until a detailed seating and occupant load plan,
prepared by a licensed design professional, has been submitted and approved by the
Community Development and Fire Departments. An approved occupant load sign must be
posted in the business as directed by the Fire Department prior to operating the business.
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11. The Fire Department shall maintain a record of the posted allowable occupant load for the
business and regularly check the business for occupant load compliance. The Fire Chief may
determine that there is a repeat pattern of occupant load violations and then shall submit a
report to the Planning Commission which will automatically initiate a review of this
Conditional Use Permit by the Planning Commission.
12. Any significant changes to the interior layout, which alter the primary function of the business
as a restaurant, (i.e. increasing floor area for bar seating, adding a dance floor or removing
furniture for dancing shall be subject to review and approval by the Planning Commission and
require amendment to this Conditional Use Permit.
General Oyeratinsz and Standard Conditions:
13. The establishment shall not adversely affect the welfare of the residents, and/or commercial
establishments nearby.
14. The business shall provide adequate staffing and management and supervisory techniques to
prevent loitering, unruliness, and boisterous activities of the patrons outside the business, or in
the immediate area.
15. The Police Chief shall determine if a continuing police problem exists, and may require the
presence of a doorman and/or security personnel to eliminate the problem, and/or shall submit
a report to the Planning Commission, which will automatically initiate a review of this
conditional use permit by the Commission
16. The exterior of the premises shall be maintained in a neat and clean manner, and maintained
free of graffiti at all times.
17. Any changes to the interior or exterior layout which alter the primary function of the
restaurant shall be subject to review and approval by the Planning Commission.
18. The operation of the business shall comply with all applicable requirements of the Municipal
Code.
19. 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.
Section 5. 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 Amendment, as modified, 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 and enforceable.
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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.
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 ii
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 attorneys 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.
The Planning Commission may review this Conditional Use Permit and may amend the subject conditions
impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood
resulting from the subject use.
VOTE: AYES:
Allen, Hoffman, Kersenboom, Perrotti, Pizer
NOES:
None
ABSENT:
None
ABSTAIN:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 07-1 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 16,
2007.
Kent Allen, a' an
Date: January 16, 2007
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So Blume feld, Secretary
no