HomeMy WebLinkAboutPC Resolution 05-392
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P.C. RESOLUTION 05-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING 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 COM E RCIAL BUILDING, LEGALLY DESCRIBED AS LOTS
22, 23, AND 24, BLOCK 13 HERMOSA BEACH TRACT
Section 1. An application was filed by Gary Vincent, owner of the business "Fat Face
Fenner's Fishack", seeking approval of interior alterations to an existing restaurant with on -sale
alcohol to convert dining area to a dance floor, and other seating plan changes.
Section 2, The Planning Commission conducted a duly noticed public hearing to
consider the application for amendment of a Conditional Use Permit and Parking Plan on June
21, 2005, 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 business is located on the second floor of Loreto Plaza, which is comprised of
two buildings connected by two pedestrian bridges spanning a pedestrian right-of-way owned
by the City. The use of bridges is subject to a lease agreement between the City and property
owner.
2. The subject restaurant is split into two customer areas separated by the kitchen and
preparation areas and occupies the northerly bridge for indoor seating and the southerly bridge
for outdoor seating. The proposed location for the dance floor is in the northerly section of the
restaurant. No prior approved plans identified a dance floor anywhere within the premises, and
the subject area was identified as seating for dining purposes with a small area for a "portable
stage".
3. In 1999 the City Council granted a Conditional Use Permit Amendment and Parking
Plan to approve the 1150 square foot expansion of the restaurant into the southerly section of
the building (CUP 99-4 and Parking Plan 99-2, Resolution 99-6015). Live entertainment is
limited to the northerly portion of the restaurant. A separate parking plan was granted in 1999
for the outdoor seating on the southerly bridge.
4. On January 13, 1998, The Planning Commission granted a Conditional Use Permit
for on -sale alcohol, live entertainment, and extended hours in conjunction with an existing
restaurant use (now the northerly portion of the restaurant and previously "Casablanca"
restaurant).
Section 4. Based on the foregoing factual findings, the Planning Commission makes
the following findings pertaining to the application for the Parking Plan:
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1. The site is zoned C-2, and is suitable for the proposed use with the proposed
amendment;
2. The existing use with the proposed alteration is compatible with surrounding
commercial and residential uses.
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.
Section 5.. Based on the foregoing, the Planning Commission hereby approves the
Conditional Use Permit Amendment and Parking Plan, subject to the following Conditions of
Approval, which supersede the conditions number 5 through 17 in Resolution 99-6015
pertaining to the operation of restaurant and live entertainment and noise:
1. Interior and exterior building alterations and the continued use and operation of the
restaurant shall be substantially consistent with the plans submitted and reviewed by
the Planning Commission on May 20, 2003.
2. Approval of the floor plan change to add the dance floor area is subject to review and
approval of a final seating, occupancy, and exit discharge plan clearly delineating the
area for the dance floor and assembly occupancy, and shall clearly indicate the current
exiting configuration. Any upgrades to the exiting system found to be required as a
result of the review of these plans must be implemented in the building prior to any
change in the posted occupancy.
3. The hours of operation for the restaurant shall be between 7:00 A.M. and 2:00 A.M.
daily. 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. Live entertainment shall not be permitted in the restaurant area at
the southern end of the building.
4. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
5. 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.
16.
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.
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7. 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.
8. The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
9. 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.
10. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
CONDITIONS RELATING TO LIVE ENTERTAINMENT AND NOISE:
11. An acoustical study shall be prepared by an acoustical engineer, including propo
sound dampening features to baffle and direct sound away from the entrance/exit a.
window areas to ensure compliance with the noise ordinance. Said study and sou
dampening features shall be reviewed and approved by the Community Developing
Director prior to implemented the proposed changes in the floor plan to add a dal -
floor and prior to any changes in the posted occupant load.
A. The acoustical study shall be based on the worst -case scenario, or on a sou
level that will not be exceeded at any given time.
B. Management shall be responsible for the music/entertainment volume levels.
C. During the performance of any live entertainment, the exterior doors a
windows shall remain closed.
D. The air conditioning system shall be of an adequate capacity to air condition 1
entire restaurant.
E. All exterior doors shall have self -closing hardware.
12. No live entertainment or amplified music, audio, television or speakers of any kind
shall be permitted in the outside seating areas.
13. 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. 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 Conditional Use Permit Amendment shall be recorded, and proof of recordation shall be
submitted to the Community Development Department.
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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 applica plc
time period of the State Government Code. 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 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 Parking Plan 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.
VOTE: AYES: Allen, Kersenboom, Perrotti
NOES: Hoffman, Pizer
ABSENT: None
ABSTAIN: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 05-39 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
meeting of June 21, 2005.
Ron Pizer, Chairman Sol Blumen Id, Secretary
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