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HomeMy WebLinkAboutPC Resolution 03-142 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 P.C. RESOLUTION 03-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN, AS AMENDED TO RECONFIGURE THE FLOOR PLAN, TO ALLOW OUTDOOR SEATING IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH ON -SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT, AT 1332 HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOTS 10, 11 & 12, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH TRACT Section 1. An application was filed by Dustin Gregg seeking an amendment to a Conditional Use Permit to allow outdoor seating in conjunction with an existing restaurant with on - sale general alcohol and live entertainment. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application to amend the Conditional Use Permit on March 18, 2003, 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 original C.U.P. granted in 1983, permitted on -sale beer and wine in conjunction with a restaurant. At the February 13, 1996 meeting, the City Council approved a C.U.P. amendment to allow on -sale general alcohol and live entertainment in conjunction with the existing restaurant. The proposed amendment does not alter the existing and approved primary use as a restaurant with on -sale general alcohol and live entertainment. 2. The site is located in the downtown district, which has several similar restaurants with on -sale general alcohol; 3. The site is zoned C-2 allowing the existing on -sale alcohol use with a Conditional Use Permit. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application to amend the Conditional Use Permit: 1. The site is zoned C-2, and the continued operation of the restaurant with the proposed modifications is suitable for the proposed location. 2. The imposition of conditions as required by this resolution to address noise and nuisance concerns will mitigate any negative impacts on, and will improve its compatibility with, nearby residential or commercial properties within the downtown district; 3. This project is Categorically Exempt pursuant to 15323, Class 23 of the California Environmental Quality Act Guidelines. Normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same kind of purpose. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 Section 5. Based on the foregoing, the Planning Commission hereby approves the requested amendments to the Conditional Use Permit and Precise Development Plan, subject to the following Conditions of Approval, which supersede the conditions contained in C.C. Resolution 96-5789: 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 March 18, 2003. A. The outdoor railing shall be redesigned to create a cue along the south side of the building. 2. The hours of operation shall be limited to between 7:00 A.M. and 2:00 A.M. daily. Outdc dining, seating and any use of the outdoor patio area shall not be allowed later than 11: PM. No patrons shall be seated on the patios beginning an hour before these times. 3. The hours for live entertainment shall be limited to the hours between 4:00 PM to 1:15 Monday through Friday, and from 9:00 AM to 1:15 AM on Saturdays and Sunda; Federal and State holidays, Cinco De Mayo and St. Patrick's day. 4. Live entertainment shall be limited to the interior dining room only. 5. A code complying seating plan shall be submitted for review and approval prior issuance of building permits. 6. An acoustical study shall be prepared by an acoustical engineer, including proposed sou. dampening features to baffle and direct sound away from the entrance/exit and wind" areas to ensure compliance with the noise ordinance. Said study and sound dampeni features shall be reviewed and approved by the Community Development Director prior the issuance of building permits and shall be implemented in the building. 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 i entire restaurant. 7. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. 8. 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. 9. 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. 10. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. .2. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 11. Any changes to the interior or exterior layout which would alter the primary function of the business as a restaurant shall be subject to review and approval by the Planning Commission. 12. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 13. No live entertainment shall be permitted in the outside seating area, and the volume level of any amplified music in the outside seating area shall be controlled by management to ensure compliance with the noise ordinance. 14. 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. 15. The Planning Commission shall review the operation of the restaurant and the parking facility for compliance with conditions of approval and compliance with the Noise Ordinance 6 months from the opening of the new outdoor seating area, and in response to any complaints thereafter. 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 grant for live entertainment shall not be in effect until the acoustical study is complete and approved by the Community Development Director, and all sound proofing measures are implemented in the building pursuant to Condition Nos. 12, 14, and 16. The Conditional Use Permit and Precise Development Plan Amendment shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 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 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 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. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 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. Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made witlil 90 days after the final decision by the City Council. VOTE: AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker NOES: None ABSENT: None ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 03-14 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 March 18, 2003. ........... Ron Pizer, Cba" •man Sol Blulme :elf, Secretary March 18 2003 Date CUPR1332 (03-1) .4.