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HomeMy WebLinkAboutCC 03-6246 (1301 Manhattan Ave)2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22· 23 24 25 RESOLUTION NO. 03-6246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S DECISION, UPON RECONSIDERATION, TO APPROVE A CONDITIONAL USE PERMIT AND PRECISE DEVELOP1\1ENT PLAN, AS Al\1ENDED, TO RECONFIGURE THE FLOOR PLAN, AND TO ALLOW GENERAL ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH LIVE ENTER~ AIN1\1ENT AND OUTDOOR DINING, AT 1301 MANHATTAN AVENUE, AND LEGALLY DESCRIBED AS LOTS 16, 17& 23 TRACT 1125, AND LOTS 18 AND 19 BLOCK 34, FIRST ADDITION TO HERMOSA BEACH TRACT SECTION 1. Application was filed by Allen Sanford (of Philia 5 Group, ILC) seeking an amendment to a Conditional Use Permit and Precise Development Plan to reconfigure and existing restaurant with on-sale general alcohol, live entertainment, and outdoor dining. SE CTION 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application to amend the Conditional Use Permit and Precise Development Plan on December 4, 2002, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Based on the evidence the Commission approved the request subject to cqnditions. SECTION 3. On December 10, 2002, the City Council, pursuant to Section 2.52.040, initiated review and reconsideration of the decision of the Planning Commission. SECTION 4. The City ~ouncil conducted a duly notice public hearing to review and reconsider the decision of the Planning Commission on January 14, at which testimony and evidence, both written and oral, was presented to and considered by the City Council. SECTION 5. Based on evidence received at the public hearing, and the record of decision of the Planning Commission, the City Council makes the following factual findings: 1. A Precise Development Plan was granted by the Planning Commission in February, 26 1996, for the construction of the multi-use commercial building with office, restaurant, and retail 27 ses above a two-level parking structure. The C.U.P. for on-sale beer and wine, live entertainment, 28 -1- 2 3 4 5 d outdoor dining for the restaurant was granted concurrently with the P.D.P. by the Planning ommission in February, 1996. A C.U.P. amendment was granted for the restaurant for full service n-sale alcohol in May, 2000. The proposed amendment does not significantly alter the floor plan nd does not alter the existing and approved primary use as a restaurant with live entertainment 6 2. The site is located in the downtown district, which has several similar restaurants with 7 on-sale general alcohol. 8 3. The site is zoned C-2 allowing the proposed on-sale alcohol use with a Conditional 9 Use Permit. 10 SECTION 6. Based on the foregoing factual findings, and the record of the decision of 11 the Planning Commission, the City Council makes the following findings pertaining to the 12 application to amend the Conditional Use Permit: 13 1. The site is zoned C-2, and the continued operation of the restaurant with the proposed 14 modifications is suitable for the proposed location. 15 2. The continued use of the building for a restaurant with the proposed modifications to 16 address noise and nuisance concerns will improve its compatibility with surrounding commercial 17 and residential uses within the downtown district. 18 The imposition of conditions as required by this resolution will mitigate any negative impacts 19 on nearby residential or commercial properties. 20 3. This project is Categorically Exempt pursuant to 15323, Class 23 of the California 21 Environmental Quality Act Guidelines. Normal operations of existing facilities for public 22 gatherings for which the facilities were designed, where there is a past history of the facility 23 being used for the same kind of purpose. 24 SECTION 7. Based on the foregoing, the City Council hereby approves the requested 25 amendments to the Conditional Use Permit and Precise Development Plan, subject to the 26 following Conditions of Approval, which supersede the conditions contained in P.C. 27 Resolution 00-33: 28 -2- 2 1. Interior and exterior building alterations and the continued use and operation of the 3 restaurant shall be substantially consistent with the plans submitted and reviewed by the Planning 4 Commission on December 4, 2002, except that the lowest level patio may not be enclosed with a 5 roof. 6 2. The parking spaces in the two level parking structure shall be accessible to all patrons 7 of the businesses including the restaurant after 6:00 P.M. daily. No assigned parking or gated 8 access shall be allowed between 6:00 P.M. and 2:00 AM. Alternatively the applicant may limit 9 the use of the lower level parking area for valet attendant parking during these hours, by providing 10 evidence of the valet service operation for approval by the Community Development Director. 11 3. The hours of operation shall be limited to between 7:00 AM. and 2:00 AM. daily. 12 Outdoor dining, seating and any use of the outdoor patio areas shall not be allowed later than 13 12:30 AM. No patrons shall be seated on the patios beginning an hour before these times. 14 4. The hours for live entertainment shall be limited to the hours between 4:00 PM to 1:15 15 AM Monday through Friday, and from 9:00 AM to 1:15 AM on Saturdays and Sundays, Federal, 16 and State holidays, Cinco De Mayo and St. Patrick's day. 17 5. Live entertainment shall be limited to non-amplified piano and acoustic music. 18 6. Dancing shall be limited to the second level interior banquet room. 19 7. A sound attenuation wall varying in height between 7 and 8 feet shall be installed 20 around the perimeter of the outdoor seating areas. The type of glass or other barrier shall be 21 specified by a qualified acoustical engineer to attenuate noise. 22 8. An acoustical study shall be prepared by an acoustical engineer, including proposed 23 sound dampening features to baffle and direct sound away from the entrance/exit and window 24 areas to ensure compliance with the noise ordinance. Said study and sound dampening features 25 shall be reviewed and approved by the Community Development Director prior to the issuance of 26 building permits and shall be implemented in the building. 27 28 -3- a. The acoustical study shall be based on the worst-case scenario, or on a sound 2 level that will not be exceeded at any given time for all areas of the restaurant. 3 b. Management shall be responsible for the music/entertainment volume levels. 4 c. During the performance of any live entertainment, the exterior doors and 5 windows shall remain closed. 6 d. The air conditioning system shall be of an adequate capacity to air condition the 1 entire restaurant. g 9. Signs shall be posted at the restaurant entry and on the outdoor patios requesting 9 customers to "please be courteous to neighbors." 10 10. A doorman shall be stationed at the front entry between the hours of 10:00 P.M. and 11 2: 15 A.M. on Friday and Saturday nights, to monitor activity in the front of the restaurant and to 12 make sure the door is not left open. 13 11. The establishment shall not adversely affect the welfare of the residents, and/or 14 commercial establishments nearby. 15 12. The business shall provide adequate staffing, management and supervisory techniques 16 to prevent loitering, unruliness, and boisterous activities of the patrons outside the business and in 11 nearby public areas. 18 13. The Police Chief may determine that a continuing police problem exists, and may 19 authorize the presence of a police approved doorman and/or security personnel to eliminate the 20 problem, and then shall submit a report to the Planning Commission, which will automatically 21 initiate a review of this conditional use permit by the Commission. 22 14. The exterior of all the premises shall be maintained in a neat and clean manner, and 23 maintained free of graffiti at all times. 24 15. Any changes to the interior layout, which would alter the primary function of the 25 business as a restaurant, shall be subject to review and approval by the Planning Commission. 26 16. The project and operation of the business shall comply with all applicable requirements 27 of the Municipal Code. 28 -4- 17. No live entertainment shall be pennitted in the outside seating areas, and the volume 2 level of any amplified music in the outside seating area shall be controlled by management to 3 ensure compliance with the noise ordinance. 4 18. Noise emanating from the property shall be within the limitations prescribed by the 5 city's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, 6 and/or commercial establishments. Noise emanating from the property shall be monitored to 7 verify compliance with the noise ordinance in response to any complaints. 8 19. The Planning Commission shall review the operation of the restaurant and the parking 9 facility for compliance with conditions of approval and compliance with the Noise Ordinance six 10 (6) months and one year from the opening of the new restaurant and thereafter in response to any 11 complaints. 12 SECTION 8. This grant shall not be effective for any purposes until the pennittee and the 13 owners of the property involved have filed a the office of the Planning Division of the Community 14 Development Department their affidavits stating that they are aware of, and agree to accept, all of 15 the conditions o~ this grant. The grant for live entertainment shall _not be in effect until the 16 acoustical study is complete and approved by the Community Development Director, and all 17 sound proofing measures are implemented in the building pursuant to Condition Nos. 7, 8 and 18. 18 The Conditional Use Permit and Precise Development Plan Amendment shall be recorded, 19 and proof of recordation shall be submitted to the Community Development Department. 20 Each of the above conditions is sep_arately enforced, and if one of the conditions of 21 approval is found to be invalid by a court of law, all the other conditions shall remain valid and 22 enforceable. 23 Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and 24 employees from any claim, action, or proceeding against the City or its agents, officers, or 25 employee to attack, set aside, void or annul this permit approval, which action is brought within 26 the applicable time period of Government Code. The City shall promptly notify the permittee of 27 any claim, action , or proceeding and the City shall cooperate fully in the defense. If the City fails 28 -5- to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate 2 fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold 3 harmless the City. 4 The permittee shall reimburse the City for any court and attorney's fees which the City may 5 be required to pay as a result of any claim or action brought against the City because of this grant. 6 Although the permittee is the real party in interest in an action, the City may, at its sole discretion, 7 participate at its own expense in the defense of the action, but such participation shall not relieve 8 the permittee of any obligation under this condition. 9 The subject property shall be developed, maintained and operated in full compliance with 10 the conditions of this grant and any law, statute, ordinance or other regulation applicable to any 11 development or activity on the subject property. Failure of the permittee to cease any development 12 or activity not in full compliance shall be a violation of these conditions. 13 The Planning Commission may review this Conditional Use Permit and may amend the 14 subject conditions or impose any new conditions if deemed necessary to mitigate detrimental 15 effects on the neighborhood resulting from the subject use. 16 SECTION 9. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge 17 to the decision of the City Council, must be made within 90 days after the final decision by the 18 City Council. 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED an PRES ATTEST: City Clerk ~ OPTED this 14th day of January 2003. -6- ~7 /'. / / OR of the City of Hermosa Beach, California TO FORM: City Attorney