HomeMy WebLinkAboutPC Resolution 92-38 - (2701 PCH). .
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RESOLUTION P .C. 92-38
A RESOLUTION OF PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH
TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW LIVE
ENTERTAINMENT (LIVE MUSIC) AND DANCING IN CONJUNCTION WITH A
RESTAURANT WITH ON-SALE GENERAL ALCOHOL AT 2701 PACIFIC COAST
HIGHWAY, AND LEGALLY DESCRIBED A PORTION OF LOT A, TRACT 1594.
WHEREAS, the Planning Commission held a public hearing on July
7, 1992, to receive oral and written testimony regarding a request
for an amendment to allow live entertainment to exceed dinner
music levels and dancing in conjunction therewith; to authorize
the existing dance floor location; to extend the hours for music
and dancing; and to extend the restaurant hours to include weekend
brunch and made the following findings:
A. The Planning Commission approved Resolution 87-38 on July 7,
1987, to allow dancing to recorded music only, which amended a
previously approved C.U.P. for live entertainment (background
dinner music) and on-sale general alcohol in conjunction with
a restaurant;
B. The sale of general alcoholic beverages is being conducted in
an existing establishment already licensed by the Department
of Alcoholic Beverage Control;
C. The proposed changes do not significantly alter the type of
business or the nature of the proposed use, except that
dancing will ·also be permitted with live music performances;
D. Dancing to live music is not substantially different in terms
of noise impacts than dancing to a disc jockey or recorded
music, especially if volumes are controlled in-the same
manner;
E. The -change iri location of for the dance floor and live
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entertainment is within the same portion of the building, and
will not cause any greater impact;
F. Strict compliance with the conditions of approval will
mitigate any negative impact resulting from the issuance of
the conditional use permit amendment;
NOW , THEREFORE , the Plann ing Commission of the City of Hermosa
Beach, California does hereby approve a Conditional Use Permit
amendment , f or live entertainment (live music) and dancing in
conjunction with an existing restaurant at 2701 Pacific Coast
Highway, subject to the following conditions, which supersede the
conditions contained in P.C. Resolution 87-38:
SECTION I Standard Conditions of Approval:
1. The establishment shall not adversely affect the welfare of
the residents, and/or commercial establishments nearby.
2. The business shall provide adequate management and supervisory
techniques to prevent loitering, unruliness, and boisterous
activities of patrons outside the business or in the immediate
area.
3. Screens shall be installed on all openable exterior windows at
ground floor level to prevent pass-through of alcoholic
beverages and to control flies.
4. Signs shall be posted in a conspicuous location warning
patrons of the illegality of open alcohol containers in any
public areas such as the public sidewalk and beach.
5. A manager or
conditional use
business hours.
clerk who is
permit shall
aware of conditions
be on the pr~mises
of the
during
(a) Each manager shall be given a copy of the conditional use
permit and shall acknowledge by signature that the
conditional use permit has been read and understood.
6 . All alcoholic beverages shall be served in non-throw-away
containers, including beer and wine.
7. The police chief may determine that a continuing police
problem exists and may r equire the presence of a police
appioved doorman and/or security personnel.
8. The exterior of the premises including parking areas
maintained in a neat and clean manner at all times.
of the busin,~ss must a l so police the sidewalks
adjacent to the business f0r litter.
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shall be
Operators
directly
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9. Any significant changes to the interior layout shall be
subject to review and approval by the planning commission.
10. This grant shall not be effective for any purposes until the
permittee and the owner of the property involved have filed at
the office of the Department of Planning their affidavit
stating that they are aware of, and agree to accept, all of
the conditions of this grant. ,::::;>-o'~
11. This conditional use permit shall be recorded with the deed,
and proof of recordation shal be submitted to the Planning
Department. ~J f=.~4=._ • , 1 tT 1, , ~---c .d-"' w. 1 • c · :;;1:J ~ t'-' cS ~ 1, t D/4 2-.
SECTION II Specific Conditions of Approval : •
1. Structures and improvements on the premises shall be in
substantial conformance with submitted plans to be approved by
the Planning Director. Minor modifications are subject to
approval by the Planning Director.
2. The establishment shall operate a full kitchen and provide a
full menu (complete lunches and/or dinners, with hot entrees)
and the primary purpose of the establishment shall be the
service of food.
3. All alcoholic beverages shall be consumed on the premises. No
alcoholic beverages shall be included with take-out orders.
4. This conditional use permit is issued exclusively for and so
long as the premises remains a restaurant; a minimum of fifty
(50) percent of the total gross sales, computed monthly, shall
result from the sale of prepared food.
The city shall have the right during business hours upon 15
days notice to inspect the books and records of the applicant
to determine the gross sales of food and/or the gross sales of
alcoholic beverages. Upon request at the time the City
inspects the books and records of the applicant, the applicant
shall also submit to the city copies of all reco.rds submitted
to the State Board of Equalization for purposes of computing
sales tax. Applicant gives the right to the City to review
the records of the State Board of Equalization for the purpose
of verifying the applicants books and records, with the
understanding that these reviews are confidential.
5. Maximum permissible occupancy must be clearly posted at all
times and may not be exceeded at any time. If the Police
and/or Fire Department determine that the maximum permissible
occupancy of the building is being violated, they may cite the
bus1ness and initiate a conditional use permit revocation.
6. The number of tables and chairs shall not exceed that of the
final approved seating plan.
7. Noise emanating from the property shall be within the
limitations pr~scribed by the city's noise ordinance and shall
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not create a nuisance to the surrounding residential
neighborhoods, and/or commercial establishments.
8. Live music, dancing, and disc jockeys are permitted in the
western portion of the building only.
a.
b.
c.
During the performances of live music and during the
times a disc jockey is playing dance music the exterior
doors and windows-shall remain closed, except the entry
may be opened and closed to allow entry of customers.
Additionally, the door separating the entry area from-the
dance floor/entertainment shall remain closed with no
exceptions. The air conditioning system shall be
maintained -in working order.
Management shall be responsible for
music/entertainment volume levels so as
complaints from neighboring residents
controlling the
not to generate
The skylights in the western wing of the building shall
remain sealed.
9. The hours of operation shall be limited to the following:
Monday -Friday: 11:00 a.m. to 2:00 a.m.
Saturday & Sunday: 9:00 a.m. to 2:00 a.m.
10. Hours for live entertainment (live music) and customer dancing
shall be limited to 11:00 a.m. to 1:30 a.m. daily.
11. Complementary valet parking shall be made available, starting
at 6: 00 p. m., Wednesday through Sunday. Any other day the
parking lot is filled, valeT service must be provided.
12. The surface of the parking area and the landscaping shall be
permanently maintained.
13. The decorative block wall along the west property line shall
be maintained free of any damage.
a. The wall shall be maintained with graffit_i-:-repellant
paint on its easterly face.
14. Parking shall be prohibited in the access lane of the parking
lot along the north side of the building: "NO PARKING" shall
be painted on the pavement and shall be maintained, and the
"NO PARKING " signs shall be maintained.
15. Additional parking spaces for valet parking shall be provided
and made continually available off-site.
a. Th~ additional parking shall be guaranteed by an agreement,
contract, or covenant running with the land in a form and
content to the satisfaction of the City Attorney; said
agreement, contract or covenant shall be duly recorded
with proof of recordation provided to the Planning
Department.
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b. The agreement to guarantee additional parking shall include
a provision that if either party terminates the agreement,
that all parties, including the Planning Department of the
City of Hermosa Beach shall be notified in writing at least
thirty (30) days prior to termination.
c. Upon receipt of the notice of termination of the agreement
for additional parking the Planning Commission shall review
the action, and the right of the restaurant to have live
entertainment shall terminate within sixty (60) days of the
Planning Commission review, unless a substitute parking
arrangement to provide additional parking has been
approved by the Planning Commission.
16. There shall be compliance with all applicable provisions of
the Municipal Code.
17. A landscaping plan shall be submitted depicting exissting
landscaping on the property to be approved by the Planning
Director. The landscaping shall be maintained in accordance
with the approved plan.
18. The existing trash enclosure as indicated on approved plans,
shall be permanently maintained and must be provided with a
gate to remain closed along its west side. Said gate shall be
of a material to provide suitable screening approved by the
Planning Director not less than five feet high so that refuse
shall not be visible~
19. The physical barrier (concrete wheel stops) installed on the
west side of the parking lot to prevent parking cars from
encroaching into the public right-of-way shall be maintained.
20. There shall be an overall Conditional Use Permit Review in six
( 6) months from the date of approval of this resolution,
specifying that the fo llowing wili be considered.
a. Upon review of the record of complaints and of noise
measurements, should the noise level be found to create a I
nuisance, or increase beyond the levels permitted by the .
City's noise ordinance, the management shall be required
to submit an acoustical report, and live entertainment
shall cease until sufficient mitigation measures have
been implemented, as determined by the Planning
Commission.
SECTION III
Each of the above conditions is separately enforced, and if any 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, its
agents, -o f ficers,.. and employees from any claim, action, or
proce e ding against .t he City o~ i t s agents , officers, or employees
to a t tack, set aside , vo id or annul t his permit approval, which
action is brought within the applicable time period of Government
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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.
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 i nterest 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 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 activity not in full compliance shall be a violation of
these conditions.
SECTION IV
Any violation of the conditions of approval and/ or violation of
the Hermosa Beach Municipal Code may be grounds for a public
hearing for the revocation of the conditional use permit.
The Planning Commission may review this Conditional Use Permit and
may amend the subj~ct 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.Marks,Oakes,Suard,Chmn.Merl
None
None
Comm.DiMonda
CERTIFICATION
I hereby certify that the foregoing Resolution P. C. 92-38 is a
true and complete record of the action taken by the Planning
Commission of the city of Hermosa Beach, California at their
regu~la✓r rneetin~ of July 7, 1~·-,7> ~ /~-,•. ~' . /
(.,,-. ,...(' // /.-;/ ._·".'/, ,,.~ ·~.--,,.,-,/__/..-,'~,? ..... ... ~ "'" / ., /-.--./ ~,.. .. ,<--;::;-, ........ ~
Rod Merl, Chairperson Michael Schubach, Secretary·
p/pcrs2701
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