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Home My WebLink AboutPC Resolution 98-52 - (50 Pier Ave)... 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 P.C. RESOLUTION 98-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVJNG A CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW LIVE ENTERTAINMENT AND ON-SALE GENERAL ALCOHOL, IN CONJUNCTION WITH A RESTAURANT, AT 50A PIER A VENUE, AND LEGALLY DESCRIBED AS LOTS 8, 9, AND 10, BLOCK 12 HERMOSA BEACH TRACT Section 1. An application was filed by Ro-Al Inc., seeking approval for live entertainment in conjunction with an existing restaurant "Patrick Malloy's" with on-sale general alcohol. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application to amend the Conditional Use Permit on August 18, 1998, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The existing restaurant at this location has in operation for over 2 years with on-sale alcohol, without any complaints or incidents, and the proposed amendment does not alter the primary use as a restaurant; 2. The site is located in the downtown district, which already has several restaurants with live entertainment; 3. The site is zoned C-2 allowing the proposed live entertainment use with a Conditional Use Permit. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application to amend the Conditional Use Permit: 1. The site is • zoned C-2, and is suitable for the proposed use with the proposed amendment for live entertainment; 2. The proposed use is compatible with surrounding commercial uses within the downtown district; 3 . The imposition of conditions as required by this resolution will mitigate any negative impacts on nearby residential or commercial properties; 4. This project is Categorically Exempt pursuant to Section 15303c of the California Environmental Quality Act. -1- Section 5. Based on the foregoing, the Planning Commission hereby approves the requested amendments to the Conditional Use Permit, subject to the following Conditions of 2 Approval, which supersede the conditions contained in P.C. Resolution 96-16: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. 2. 3. 4. 5. 7. 8. 9. 10. 11. The continued use of the restaurant shall be substantially consistent with submitted plans. Modifications to any of the plans shall be reviewed and may be approved by the Community Development Director. The addition of live entertainment shall not commence until all conditions of this grant are implemented to the satisfaction of th Community Development Director. The hours of operation shall be limited to between 7:00 A.M. and 2:00 A.M. daily. A door host shall be provided at the rear entry of the building to assure direct acces to the public lot during evening business hours. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business and in nearby public areas. 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. 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 report to the Planning Commission, which will automatically initiate a review of this conditional use permit by the Commission. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. ' Any significant changes to the interior layout which would alter-the primary function of the business as a restaurant shall be subject to review and approval by the Planning Commission. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 21 CONDITIONS RELATING TO LIVE ENTERTAINMENT AND NOISE: 28 12. 29 The hours for live entertainment shall be limited to the hours between 9:00 P.M. to 1:15 A.M. Monday through Friday, and from 2:00 P.M. to 1:15 A.M. on Saturday, Sundays, and Federal and State Holidays, Cinco De Mayo, and St. Patrick's day -2- I_. . . . . 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 I& 19 20 21 22 23 24 25 26 27 2& 29 13. 14. 15. 16. 17. 18. If entertainment is to include amplified live entertainment, an acoustical study shall be reviewed and approved by the Community Development Director and all identified sound-proofing measures including alterations to commmon walls shall be implemented in the building. Management shall be responsible for maintaining music/entertainment volumes at reasonable levels. During any live entertainment and/or dancing, the exterior doors and windows shall remain closed. The building shall be equipped with air conditioning to ensure comfort of patrons during live entertainment, and compliance with this condition. No live entertainment shall be permitted in the outside seating area, and the volume level of any amplified music in the outside seating area shall be controlled by management to ensure compliance with the noise ordinance. All exterior glass windows or doors shall be equipped with double-pane glass or a comparable substitute with equivalent sound dampening properties to the satisfaction of the Community Development Director Noise emanating from the property shall be within the limitations prescribed by the city's noise ordinance and shall not create a nuisance to su.rrounding 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 6. 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 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 grant for live entertainment shall not be in effect until the acoustical study is complete and approved by the Community Development Director, and all sound proofing measures are implemented in the building pursuant to Condition Nos. 13, 15, and 17. The Conditional Use Permit Amendment 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. 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 -3- ,. 2 3 4 5 6 7 8 9 11 12 13 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. 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. 14 VOTE: AYES: Commissioners Perrotti, Schwartz, Pizer, Chairman Tucker None 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NOES: ABSENT: Vice-Chair Merl ABSTAIN: None CERTIFICATION I hereby certify the foregoing ResolutionP.C. 98-52 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular mee· g fA~8 998. cupr50a -4-