HomeMy WebLinkAboutPC Resolution 02-201
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P.C. RESOLUTION 02-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING AN AMENDED CONDITIONAL USE PERMIT,
TO ALLOW GENERAL ALCOHOL IN CONJUNCTION WITH LIVE
ENTERTAINMENT AT 142 PACIFIC COAST HIGHWAY, AND LEGALLY
DESCRIBED AS LOT 44, AND NORTHERLY 50.69 FT. OF LOTS 45 & 46 HOME
BUILDERS PLACE TRACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Gary Cullen, business owner of the Pitcher House located
at 142 Pacific Coast Highway, seeking approval of an amended Conditional Use Permit to allow
general alcohol.
Section 2. The Planning Commission conducted a duly noticed de novo public hearing to
consider the subject application on April 16, 2002, at which time 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 applicant is proposing to change from beer and wine to on -sale general alcohol
establishment.
2. General alcohol and entertainment with a Conditional Use Permit and the dance floor are
permitted uses in the zone the property is located, commercial Specific Plan Area number 7.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for a Conditional Use Permit:
A. The establishment is already approved for on -sale beer and wine and the applicant is
requesting an amendment to have on -sale general alcohol;
B. The site is zoned Commercial Specific Plan Area, and is suitable for the proposed use with
the proposed amendment;
C. The proposed use is compatible with surrounding commercial uses;
D. The imposition of conditions as required by this resolution will mitigate any negative
impacts on nearby residential or commercial properties;
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E. The amendment is Categorically Exempt from the requirement for an environmental
assessment pursuant to Section 15301 class 1 ("...involving negligible or no expansion of
use beyond that previously existing....") of the California Environmental Quality Act
Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Conditional Use Permit, subject to the following Conditions of Approval:
1. The development and continued use of the property shall be in conformance with
submitted plans received and reviewed by the Commission at their meeting of April
16, 2002. Any minor modification shall be reviewed and may be approved by the
Community Development Director. This Resolution supercedes Resolution P.C. 97-
65.
2. The hours of operation shall be limited to between 7:00 A.M. and 2:00 A.M. daily.
3. Entertainment shall be limited to the "entertainment stage" as shown on submitted
plans on file.
4. 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 and shall be implemented in the building.
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.
5. An air handling system shall be installed of an adequate size to condition the entire
building, prior to any entertainment activity being conducted on the premises, to
enable doors and windows to remain closed during entertainment.
6. The establishment shall not adversely effect the welfare of the residents, and/or
commercial establishments nearby.
7. The business shall prevent loitering, unruliness, and boisterous activities of the
patrons outside the business, or in the immediate area.
8. The Police Chief may determine that a continuing police problem exists and may,
subject to the review of the Planning Commission, direct the presence of a police
approved doorman and/or security personnel to eliminate the problem. If the
problem persists the Chief then shall submit a report to the Planning Commission,
which will automatically initiate a review of this Conditional Use Permit by the
Commission.
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9. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
10. The project and the continued operation of the business shall comply with all
applicable requirements of the Municipal Code.
11. The hours for live entertainment shall be limited to the hours between 4:00 P.M. to
1:15 A.M. Monday through Friday, and from 9:00 A.M. to 1:15 A.M. on Saturday,
Sundays, and Federal and State Holidays, Cinco De Mayo, and St. Patrick's day.
12. Management shall be responsible for the music/entertainment volume levels.
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.
Section 6
This grant shall not be effective for any purposes until the permittee and the owners of the
property involved have filed at 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 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 an
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
not 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.
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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.
Section 7
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 8
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: Pizer, Tucker, Hoffman, Kersenboom, Chmn. Perrotti
NOES: none
ABSENT: none
ABSTAIN: none
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 02- 20 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 April 16, 2002.
e
Sam Perrotti, Chairman
"Sol�nien 'lcl Secretary
Date
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