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HomeMy WebLinkAboutPC Resolution 02-5210 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 P.C. RESOLUTION 02-52 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 GENERAL ALCOHOL, IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH LIVE ENTERTAINMENT AND OUTDOOR DINING, AT 1301 MANHATTAN AVENUE, AND LEGALLY DESCRIBED AS LOTS 16, 17& 23 TRACT 1125, AND LOTS 18 AND 19 BLOCK 34, FIRST ADDITION TO HERMOSA BEACH TRACT Sectional .. An application was filed by Allen Sanford (of Philia 5 Group, LLC) seeking an amendment to a Conditional Use Permit and Precise Development Plan to reconfigure and existing restaurant with on -sale general alcohol, live entertainment and outdoor dining. Section 3. The Planning Commission conducted a duly noticed de novo public hearing to consider the application to amend the Conditional Use Permit and Precise Development Plan on December 4, 2002, 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. A Precise Development Plan was granted by the Planning Commission in February, 1996, for the construction of the multi -use commercial building with office, restaurant, and retail uses above a two -level parking structure. The C.U.P. for on -sale beer and wine, live entertainment, and outdoor dining for the restaurant was granted concurrently with the P.D.P. by the Planning Commission in February, 1996. A C.U.P. amendment was granted for the restaurant for full service on -sale alcohol in May, 2000. The proposed amendment does not significantly alter the floor plan and does not alter the existing and approved primary use as a restaurant with live entertainment and outdoor dining. 2. The site is located in the downtown district, which has several similar restaurants with on -sale general alcohol; The site is zoned C-2 allowing the proposed 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 continued use of the building for a restaurant with the proposed modifications to address noise and nuisance concerns will improve its compatibility with surrounding commercial and residential uses within the downtown district; 3. The imposition of conditions as required by this resolution will mitigate any negative impacts on nearby residential or commercial properties; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4. 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. 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 P.C. Resolution 00-33: 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 December 4, 2002. 2. The parking spaces in the two level parking structure shall be accessible to all patrons of the businesses including the restaurant after 6:00 P.M. daily. No assigned parking or gated access shall be allowed between 6:00 P.M. and 2:00 A.M. Alternatively the applicant may limit the use of the lower level parking area for valet attendant parking during these hours, by providing evidence of the valet service operation for approval by the Community Development Director. 3. The hours of operation shall be limited to between 7:00 A.M. and 2:00 A.M. daily. Outdoor dining, seating and any use of the outdoor patio areas shall not be allowed later than 11:01 PM on the lower patio or later than 10:00 PM on the upper patio. No patrons shall b+ seated on the patios beginning an hour before these times. 4. 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 Sun( Federal, and State holidays, Cinco De Mayo and St. Patrick's day. 5. Live entertainment shall be limited to unamplified piano and acoustic music. 6. Dancing shall be limited to the second level interior banquet room. 7. A minimum 6-foot high partition to provide adequate sound attenuation shall be insi around the perimeter of the outdoor seating areas. The type of glass or other barrier be specified by a gualified acoustical engineer to attenuate noise. 8. An acoustical study shall be prepared by an acoustical engineer, including proposed spun 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 dampenhi features shall be reviewed and approved by the Community Development Director prior 1 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 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 tls entire restaurant. -2- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 9. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. 10. 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. 11. 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. 12. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 13. 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. 14. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 15. No live entertainment shall be permitted in the outside seating areas, 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. 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. Noise emanating from the property shall be monitored to verify compliance with the noise ordinance in response to any complaints. 17. 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 restaurant, 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. -3- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 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 decision of the Planning Commission, after a formal appeal to the City Council, must be made wi 90 days after the final decision by the City Council. VOTE: AYES: Comms. Kersenboom, Perrotti, Tucker NOES: Comm. Hoffinan ABSENT: Chmn. Pizer ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 02-52 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 December 4, 2002. Peter Hoffman,-jG''lp Chairman Date December 4 2002 Cupr1301 .4.