HomeMy WebLinkAboutPC Resolution 03-2410
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P.C. RESOLUTION 03-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT, AS AMENDED, TO ALLOW INTERIOR AND EXTERIOR
ALTERATIONS, AND TO ALLOW ON -SALE GENERAL ALCOHOL
AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN
EXISTING RESTAURANT AT 22 PIER AVENUE LEGALLY
DESCRIBED AS LOT 6 BLOCK 12 HERMOSA BEACH TRACT
Section 1. An application was filed by Mark Cosgrove seeking an amendment to a
Conditional Use Permit to allow alterations to an existing restaurant, to be named "Dragon," 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 May 20, 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 current Conditional Use Permit (CUP) granted in 1987 was approved as an
amendment to allow live entertainment and dancing in conjunction with a restaurant with on -sale
general alcohol. The proposed amendment, with its limited scope of alterations, does not
significantly alter the existing and approved primary use as a restaurant with on -sale general
alcohol and live entertainment, and does not substantially alter the seating layout, bar area, stage
location and other features of the business.
2. The site is located in the downtown district, which has several similar restaurants with
on -sale general alcohol and live entertainment.
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 concerns
relative to the current requirements of the noise ordinance and to address 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 15301, Class 1 of the California
Environmental Quality Act Guidelines, minor alterations to existing private structures.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
requested amendments to the Conditional Use Permit, subject to the following Conditions of
Approval, which supersede the conditions contained in P.C. Resolution 87-4:
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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. The hours of operation shall be limited to between 7:00 A.M. and 2:00 A.M. daily.
3. The hours for live entertainment shall be limited to the hours between 7:00 PM to 1:15 ,
Thursdays through Sundays and on Federal, and State holidays, Cinco De Mayo and
Patrick's day.
4. Double pane windows or solid doors shall be provided on all openings to the outside.
5. 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 windW
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 prior
occupancy.
A. The acoustical study shall be based on the worst -case scenario, or on a soun
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 an
windows shall remain closed.
D. The air conditioning system shall be of an adequate capacity to air condition tl
entire restaurant.
E. All exterior doors shall have self -closing hardware.
6. No live entertainment or amplified music, audio, television or speakers of any kind shall
be permitted in the outside seating areas.
7. The establishment shall not adversely affect the welfare of the residents, and/or commercial
establishments nearby.
8. The business shall provide adequate staffing and management and supervisory techniques
to prevent loitering, unruliness, and boisterous activities of the patrons both inside and
outside the business and in nearby public areas.
9. The Police Chief shall determine if a continuing police problem exists, and may authorize
the presence of a police approved doorman and/or security personnel to eliminate the
problem, and/or 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.
11. Any 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.
12. The project and operation of the business shall comply with all applicable requirements of
the Municipal Code.
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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.
14. The Planning Commission shall review the operation of the restaurant for compliance with
conditions of approval and compliance with the Noise Ordinance 6 months from the
opening of the new restaurant, and in response to any complaints thereafter.
15. The Conditional Use Permit shall become null and void if not executed within two years of
the date of the approval of this Resolution.
16. The owner shall comply with requirements of the encroachment permit for use of the
public right-of-way.
Section0. 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. 4, 5, and 6.
The Conditional Use Permit Amendment shall be recorded, and proof of recordation shall be
submitted to the Community Development Department prior to the issuance of a building permit.
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 full,
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.
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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 tl:
decision of the Planning Commission, after a formal appeal to the City Council, must be made withi
90 days after the final decision by the City Council.
VOTE: AYES: Hoffman, Perrotti, Pizer, Tucker
NOES: None
ABSENT: None
ABSTAIN: Kersenboom
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 03-24 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
May 20, 2003.
Pet r
Date May 20 2003
Cupr22Pier
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