HomeMy WebLinkAboutCC 05-6409 (53 Pier Ave)2
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RESOLUTION NO. 05-6409
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION
DECISION TO APPROVE A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW THE ALTERATION OF AN EXISTING
RESTAURANT WITH ON-SALE ALCOHOL AND LIVE
ENTERTAINMENT (TO CONVERT DINING AREA TO A DANCE
FLOOR AND OTHER SEATING PLAN CHANGES) AT 53 PIER
AVENUE, LOCATED IN THE SECOND FLOOR OF THE LORETO
PLAZA COMMERCIAL BUILDING, LEGALLY DESCRIBED AS LOTS
22, 23, AND 24, BLOCK 13 HERMOSA BEACH TRACT
10 SECTION 1. An application was filed by Gary Vincent, owner of the business "Fat Face
11 Fenner's Fishack", seeking approval of interior alterations to an existing restaurant with on-sale
12 alcohol to convert dining area to a dance floor, and other seating plan changes.
13 SECTION 2. The Planning Commission conducted a duly noticed public hearing to
14 consider the application to amend the Conditional Use Permit on June 21, 2005, at which
15 testimony and evidence, both written and oral, was presented to and considered by the Planning
16 Commission. Based on the evidence considered at the hearing, the Planning Commission
17 approved the request subject to conditions as set forth in P.C. Resolution 05-39.
18 SECTION 3. On June 28, 2005, the City Council, pursuant to Section 2.52.040, initiated
19 review and reconsideration of the decision of the Planning Commission.
20 SECTION 4. The City Council conducted a duly notice public hearing to review and
21 reconsider the decision of the Planning Commission on July 26, 2005, at which the record of the
22 decision of the Planning Commission and testimony and evidence, both written and oral, was
23 presented to and considered by the City Council.
24 SECTION 5. Based on evidence received at the public hearing, and the record of the
25 decision of the Planning Commission the City Council makes the following factual findings:
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1. The business is located on the second floor of Loreto Plaza, which is comprised of
2 two buildings connected by two pedestrian bridges spanning a pedestrian right-of-way owned by
3 the City. The use of bridges is subject to a lease agreement between the City and property owner.
4 2. The subject restaurant is split into two customer areas separated by the kitchen and
s preparation areas and occupies the northerly bridge for indoor seating and the southerly bridge for
6 outdoor seating. The proposed location for the dance floor is in the northerly section of the
7 restaurant. No prior approved plans identified a dance floor anywhere within the premises, and the
8 subject area was identified_as seating for dining purposes with a small area for a "portable stage".
9 3. In 1999 the City Council granted a Conditional Use Permit Amendment and Parking
10 Plan to approve the 1150 square foot expansion of the restaurant into the southerly section of the
11 building (CUP 99-4 and Parking Plan 99-2, Resolution 99-6015). Live entertainment is limited to
12 the northerly portion of the restaurant. A separate parking plan was granted in 1999 for the
13 outdoor seating on the southerly bridge.
14 4. On January 13, 1998, The Planning Commission granted a Conditional Use Permit
1s for on-sale alcohol, live entertainment, and extended hours in conjunction with an existing
16 restaurant use (now the northerly portion of the restaurant and previously "Casablanca" restaurant).
17 SECTION 6. Based on the foregoing factual findings, and the findings contained in
18 Planning Commission Resolution 05-39, the City Council makes the following findings pertaining
19 to the application for the Parking Plan:
20 1. The site is zoned C-2, and is suitable for the proposed use with the proposed
21 amendment;
22 2. The existing use with the proposed alteration is compatible with surrounding
23 commercial and residential uses.
24 3. The imposition of conditions as required by this resolution will mitigate any
25 negative impacts on nearby residential or commercial properties.
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4. This project is Categorically Exempt pursuant to Section 15303c of the California
2 Environmental Quality Act.
3 SECTION 7. Based on the foregoing, the City Council sustains the decision of the
4 Planning Commission and hereby approves the Conditional Use Permit Amendment subject to the
5 following Conditions of Approval, which supersede the conditions number 5 through 17 in
6 Resolution 99-6015 pertaining to the operation of restaurant and live entertainment and noise:
7 1. Interior and exterior building alterations and the continued use and operation of the
s restaurant shall be substantially consistent with the plans submitted and reviewed by the Planning
9 Commission on May 20, 2003.
10 2. Approval of the floor plan change to add the dance floor area is subject to review
11 and approval of a final seating, occupancy, and exit discharge plan clearly delineating the area for
12 the dance floor and assembly occupancy, and shall clearly indicate the current exiting
13 configuration. Any upgrades to the exiting system found to be required as a result of the review of
14 these plans must be implemented in the building prior to any change in the posted occupancy.
15 3. The hours of operation for the restaurant shall be between 7:00 A.M. and 2:00 AM.
16 daily. The hours for live entertainment shall be limited to the hours between 9:00 P.M. to 1:15
11 AM. Monday through Friday, and from 2:00 P.M. to 1: 15 AM. on Saturday, Sundays, and Federal
18 and State Holidays, Cinco De Mayo, and St. Patrick's day. Live entertainment shall not be
19 permitted in the·restaurant area at the southern end of the building.
20 4. The establishment shall not adversely affect the welfare of the residents, and/or
21 commercial establishments nearby.
22 5. The business shall provide adequate staffing, management and supervisory
23 techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the
24 business and in nearby public areas.
2s 6. Noise emanating from the property shall be within the limitations prescribed by the
26 City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods,
27 and/or commercial establishments.
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7. The Police Chief may determine that a continuing police problem exists, and may
2 authorize the presence of a police approved doorman and/or security personnel to eliminate the
3 problem, and then shall submit a report to the Planning Commission, which will automatically
4 initiate a review of this conditional use permit by the Commission.
5 8. The exterior of all the premises shall be maintained in a neat and clean manner, and
6 maintained free of graffiti at all times.
7 9. Any significant changes to the interior layout, which would alter the pnmary
s function of the business as a restaurant, shall be subject to review and approval by the Planning
9 Commission.
IO 10. The project and operation of the business shall comply with all applicable
11 requirements of the Municipal Code.
12 CONDITIONS RELATING TO LIVE ENTERTAINMENT AND NOISE:
13 11. An ·acoustical study shall be prepared by an acoustical engineer, including proposed
14 sound dampening features to baffle and direct sound away from the entrance/exit and window
15 areas to ensure compliance with the noise ordinance. Said study and sound dampening features
16 shall be reviewed and approved by the Community Development Director prior to implementing
11 the proposed changes in the floor plan to add a dance floor and prior to any changes in the posted
18 occupant load.
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The acoustical study shall be based on the worst-case scenario, or on a sound level
that will not be exceeded at any given time.
Management shall be responsible for the music/entertainment volume levels.
During the performance of any live entertainment, the exterior doors and windows
shall remain closed.
The air conditioning system shall be of an adequate capacity to air condition the
entire restaurant.
All exterior doors shall have self-closing hardware.
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12. No live entertainment or amplified music, audio, television or speakers of any kind
2 shall be pennitted in the outside seating areas.
3 13. Noise emanating from the property shall be within the limitations prescribed by the
4 City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods,
5 and/or commercial establishments. Noise emanating from the property shall be monitored to verify
6 compliance with the noise ordinance in response to any complaints.
1 SECTION 8. This grant shall not be effective for any purposes until the pennittee and the
8 owners of the property involved have filed at the office of the Planning Division of the Community
9 Development Department their affidavits stating that they are aware of, and agree to accept, all of
10 the conditions of this grant.
11 The Conditional Use Pennit Amendment shall be recorded, and proof of recordation shall
12 be submitted to the Community Development Department.
13 Each of the above conditions is separately enforced, and if one of the conditions of
14 approval is found to be invalid by a court of law, all the other conditions shall remain valid and
15 enforceable.
16 Pennittee shall defend, indemnify and hold harmless the City, it agents, officers, and
17 employees from any claim, action, or proceeding against the City or its agents, officers, or
18 employee to attack, set aside, void or annul this pennit approval, which action is brought within the
19 applicable time period of the State Government Code. The City shall promptly notify the pennittee
20 of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails
21 to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate
22 fully in the defense, the pennittee shall not thereafter be responsible to defend, indemnify, or hold
23 hannless the City.
24 The pennittee shall reimburse the City for any court and attorney's fees which the City may
25 be required to pay as a result of any claim or action brought against the City because of this grant.
26 Although the permittee is the real party in interest in an action, the City may, at its sole discretion,
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1 participate at its o·wn expense in the defense of the action, but such participation shall not relieve
2 the pennittee of any obligation under this condition.
3 The subject property shall be developed, maintained and operated in full compliance with
4 the conditions of this grant and any law, statute, ordinance or other regulation applicable to any
5 development or activity on the subject property. Failure of the pennittee to cease any development
6 or activity not in full compliance shall be a violation of these conditions.
7 The Planning Commission may review this Conditional Use Pennit and Parking Plan and
s may amend the subject conditions or impose any new conditions if deemed necessary to mitigate
9 detrimental effects on the neighborhood resulting from the subject use.
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PASSED, APPROVED AND ADOPTED THIS 26TH DAY OF JULY 2005.
PRESID T of the City ouncil and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
~w~M
City Clerk
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STA TE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 05-6409 was duly and regularly passed,
approved arid adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on July 26, 2005.
The vote was as follows: ·
AYES:
NOES:
ABSTAIN:
ABSENT:
Dated:
Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
None
None
None
August 9, 2005
Elaine Doerfling, City Clerk