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Home My WebLink AboutPC Resolution 00-332 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 P.C. RESOLUTION 00-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE CHANGE FROM ON -SALE BEER AND WINE TO ON -SALE 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. Section 1. An application was filed by Jack and Mike Ludwig, seeking approval to change from on -sale beer and wine to on -sale general alcohol in conjunction with an existing restaurant with live entertainment, "Einstein Restaurant and Brewery." Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application to amend the Conditional Use Permit on May 16, 2000, 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 proposed amendment does not alter the primary use as a restaurant; 2. The site is located in the downtown district, which already has several restaurants with on -sale general alcohol; 3. 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 is suitable for the proposed use with the proposed amendment for on -sale alcohol; 2. The proposed use is compatible with surrounding commercial 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; 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. M 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, subject to the following Conditions of Approval, which supersede the conditions contained in P.C. Resolution 96-10: 1. The continued use of the restaurant shall be substantially consistent with approved plans. Modifications to any of the plans shall be reviewed and may be approved by the Community Development Director. 2. The hours of operation shall be limited to between 7:00 A.M. and 2:00 A.M. dai outdoor dining or seating shall not be allowed later than 11:00 PM on the low, patio or later than 10:00 PM on the upper patio. No patrons shall be seated on tl 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 AM Monday through Friday, and from 9:00 AM to 1:15 AM on Saturdays and Sundays, Federal, and State holidays, Cinco De Mayo and St. Patrick's day. 4. A minimum 6-foot high partition (glass or other material approved by th( Community Development Director) shall be installed around the perimeter of th( outdoor seating areas. 5. The business shall participate in the downtown parking validation program, providing validation for parking in public lots for no less than two hours. 6. The building shall be equipped with acoustic features to maximize sound proofiinl which shall include the use of double -pane windows or an equivalent, and th( installation of air conditioning so that windows and doors can remain closed during performances. Any additional acoustic treatment shall be provided in the interior is necessary to comply with the City's noise ordinance. 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. 11. During the performance of amplified live entertainment, the exterior doors and windows shall remain closed. -2- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 12. 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. 13 The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 14. Management shall be responsible for maintaining music/entertainment volumes at reasonable levels. 15. 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. 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. 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 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 app'icablc 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- V `M 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 `AM 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. � VOTE: AYES: Hoffman, Ketz, Chairman Perrotti NOES: Pizer, Schwartz ABSENT: none ABSTAIN: none CERTIFICATION I hereby certify the foregoing Resolution P.C. 00-33 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 16, 2000. 4"'V Sam Perrotti, Chairman Date Cupr00-2 . 01 Blumel 1d, Secretary 13