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P.C. RESOLUTION 92-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH GRANTING A CONDITIONAL USE PERMIT TO ALLOW ON-SALE BEER AND
WINE AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN\ EXISTING
RESTAURANT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION
AT 1100 P.C.H., SUITE #2, AND LEGALLY DESCRIBED AS LOTS 3-7 SCOLES
TRACI'; A PORTION OF LOT' 10, BLOCK 84, SECOND ADDITION TO HERMOSA
BEACH; LOTS 1,2,15-19, TRACT 6917; LOTS 7 & 10, TRACY TRACT
WHEREAS, the Planning Commission held a public hearing on July
7, 1992 to receive oral and written testimony regarding the
requested conditional use permit for on-sale beer and wine in
conjunction with a restaurant and made the following findings;
A. The applicant is requesting beer and wine service in
conjunction with the restaurant and entertainment consisting
of two instrumentalists playing background music;
B. Granting the Conditional Use Permit will not be detrimental to
surrounding properties because of the location and the type
and limited hours of the entertainment, and strict complian~e
with conditions of approval will mitigate any negative impact
and will protect the public health, safety and welfare;
C. The proposed use is consistent with the General Commercial
General Plan Designation;
D. An environmental assessment has been conducted by the
Environmental Review Committee and the Project has been
determined to qualify for a negative declaration;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Hermosa Beach, California does hereby approve a
Conditional Use Permit, to allow beer and wine service and live
dinner music in conjunction with a restaurant, subject to the
following conditions:
SECTION I Standard Conditions of Approval:
1. The establishment shall not adversely affect the welfare of
the residents, and/or commercial es~ablishments 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.
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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 premises
of the
during
(a) Each manager shall be given a copy of the conditional use
permit and shall acknowledge by signature that the
con~itional 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
problem exists and may require the presence of a
approved doorman and/or security personnel.
police
police
8. The exterior of the premises including parking areas shall be
maintained in a neat and clean manner at all times. Operators
of . the business must also police the sidewalks directly
adjacent to the business for litter.
9. Any significant changes to the interior layout shall pe
subject to review and approval by the planning commission.
10. This grant shall not be effective for any purposes until the ~f::!. 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.
11. This conditional use permit shall be recorded with the deed,
and proof of recordation s all be submitted to the Planning
Department. 2,0M:;,-O , pt:,. 1 o I-1-1 ~D T·o r OtH-' 1 /
kC()-v::> ..=ff-4 2 ~ I g 11~.9-.1 L -o / 8 / 4 2-.
SECTION II Specific Conditions oF pproval:
1. The interior layout of the premises shall be in substantial
conformance with submitted plans. 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
sixty-five (65) percent of the total gross sales, computed
monthly, shall result from the sale of prepared food.
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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 sale's 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 records 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
business and initiate a conditional use permit revocation.
6. The number of tables and chairs shall not exceed that of the
final approved seating plan. (64 seats have been indicated on
the submitted plan)
7. Noise emanating from the property shall be within the
limitations prescribed by the city's noise ordinance and shall
not create a nuisance to the surrounding residential
neighborhoods, and/or commercial establishments.
8. Live entertainment shall be
background dinner music only.
strictly prohibited.
limited to non-amplified
Maj or performances shall be
a.
b.
c.
d.
During the performance of any type of entertainment, the
exterior doors and windows shall remain closed.
Management shall be responsible for the
music/entertainment volume levels
A maximum of two musicians/singers shall be allowed to
perform at any one time.
Should the noise level be found to create a 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.
9. The hours of operation shall be limited to the following:
Sunday -Thursday:
Friday & Saturday:
6:00 a.m. to 10:00 p.m.
6:00 a.m. to 11:00 p.m.
10. Hours for live entertainment shall be limited to 6:00 p.m. to
10:00 p.m. daily.
11. There shall be compliance with all applicable provisions of
the Municipal Code.
SECTION III
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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, officers, and employees from any claim, action, or
proceeding against the city or its agents, officers, or employees
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 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 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 permi ttee 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 permi ttee 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 subject conditions or impose any new ~onditions 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.Di Monda
CERTIFICATION
I hereby certify that the foregoing Resolution P. C. 92-3 7 is a
true and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, Califor)1ia at their
regular meeting of July 7, 191>2--.-Ar::~~ /
~L t-r-----e_ //-1--b-Y.-~ ~
Rcid7Merl, Chairperson Michael Schubach, Secreta:1:¥
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