The URL can be used to link to this page

Home My WebLink AboutPC Resolution 03-571 2 3 4 s 6 7 8 9 10 11 12 13 ,4 15 16 17 18 19 20 21 22 23 24 2s 26 27 29 P.C. RESOLUTION NO.03-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW ON - SALE GENERAL ALCOHOL, AND LIVE ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, AT 73 PIER AVENUE, AND LEGALLY DESCRIBED AS LOT 27, BLOCK 13 HERMOSA BEACH TRACT Section 1. An application was filed by "Mediterraneo" restaurant, represented by Louis Skelton, seeking an amendment to a Conditional Use Permit to allow on -sale general alcohol, and alterations to an existing restaurant with live entertainment. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application to amend the Conditional Use Permit on October 21, 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 1994 was approved for on -sale beer and wine in conjunction with a brewpub and restaurant, and was amended in 1997 for non -amplified live entertainment. The proposed amendment is to allow general alcohol sales, and to convert the space to a full - service sit down restaurant including the removal of the brewing tanks and the manufacturing of beer on the premises. With its limited scope of alterations, the proposal does not significantly alter the existing and approved primary use as a restaurant and proposes to continue the live entertainment as non -amplified to provide background acoustic music, 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. 1 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 29 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. Resolutions 94-27 and 97-43: 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 October 21, 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 AM. 4. Double pane windows or solid doors shall be provided on all openings to the outside. 5. Live entertainment shall be limited to background non -amplified acoustic music such as a piano, guitar, violin, etc. 6. If entertainment is to include amplified musical instruments an acoustical study shall be prepared by an acoustical engineer, including proposed sound dampening features to baffle and direct sound away from the entrance/exit and window areas to ensure compliance with the noise ordinance. Said study and sound dampening features shall be reviewed and approved by the Community Development Director prior to the issuance of building permits and shall be implemented in the building prior to occupancy. A. The acoustical study shall be based on the worst -case scenario, or on a sound 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 and windows shall remain closed. D. The air conditioning system shall be of an adequate capacity to air condition the restaurant. E. All exterior doors shall have self -closing hardware. 1. No live entertainment or amplified music, audio, television or speakers of any kind shall be permitted in the outside seating areas. 2. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 3. 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. 4. 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 5. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 6. 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. 7. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 8. 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. 9. 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. 10. The Conditional Use Permit shall become null and void if not executed within two years of the date of the approval of this Resolution. 11. The owner shall comply with requirements of the encroachment permit for use of the public right- of-way. 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 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. 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 1 2 3 4 s 6 7 a 9 10 11 12 13 '4 is 16 17 18 19 20 21 22 23 24 25 26 27 29 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 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 within 90 days after the final decision by the City Council. VOTE: AYES: Hoffman, Kersenboom, Perrotti, Tucker NOES: Pizer ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 03-57 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 M , 2003. M.qhvv— 1' man., C i � an. Sol Blumen ld, , ecretary October 21 2003 Date Cupr-73Pier 4