The Dragon Bar, 22 Pier Avenue

6.    CUP 03-4 -- Conditional User Permit amendment for interior and exterior alterations to an existing restaurant with on-sale general alcohol and live entertainment at 22 Pier Avenue (PDF File).

http://www.hermosabch.org/departments/building/agenmin/pc20030520/8.pdf

Staff Recommended Action: To approve said request.

Director Blumenfeld stated that this business is located on the bottom floor of a multi-story building; explained that the previous CUP for this project required an acoustical study that recommended dual paned windows for noise attenuation, specific orientation of speakers, insulation of an alcove for double entry doors to serve as a vestibule for noise; and noted that only some of the recommended improvements had been implemented. He advised that the new owner is proposing to operate under new management; stated that the applicant is requesting alterations to the building interior, such as changes to the wall areas, change to elevation, new slab areas that will be poured, and upgrades to the kitchen area. He indicated that most of the improvements are minor, with the exception of the addition of an ADA compliant restroom. With respect to the building exterior, he addressed the proposal for a new awning treatment and double paned glass doors. Director Blumenfeld stated that the original CUP allowed live entertainment, and that standard conditions for such entertainment has been included in the conditions. He stated that with the new acoustical study and the proposed improvements, staff believes the project will conform to the City's noise ordinance; and noted staff's recommendation to limit the live entertainment from 7:00 P.M. to 1:30 A.M., Thursday through Sunday.

Director Blumenfeld noted for Commissioner Perrotti that the french doors will be replaced with two sets of double paned glass doors; and that the applicant's seating plan will be reviewed and approved by the Building Division, noting that it appears to conform to the Building Code. He noted for Vice-Chairman Tucker that the loft area will be used for storage.

Chairman Hoffman opened the public hearing.

Mark Cosgrove, 15 Outrigger, Marina Del Rey, general contractor, commented on the proposal to upgrade this facility and the addition of an ADA compliant restroom; explained that the kitchen will be rearranged and increased in size; and noted that the front fa栤e will include a miniature pagoda and 3-foot permanent awning. He stated that consideration is being given to making the entrance doors solid; and stated that the doors will be closed during live entertainment. He stated that the seating plan included more permanent and efficient seating.

Mr. Cosgrove noted for Commissioner Perrotti that this restaurant will serve American-Asian food; that the intent is to be a full service restaurant with a formal style it; and stated that the kitchen will continue to serve food during operating hours, but that the menu may be limited after midnight.

Mr. Cosgrove noted for Vice-Chairman Tucker that the front railing will be painted to match the style of this building.

Chairman Hoffman closed the public hearing.

Vice-Chairman Tucker requested that a condition be included to address door closures for sound attenuation purposes.

Chairman Hoffman requested that Condition Nos. 8 and 9 be modified as follows: Section 5, No. 8, "...adequate staffing and management....of the patrons both inside and outside...;" No. 9, "The Police Chief shall determine that a continuing police problem exists, and may authorize the presence of a police doorman and/or security personnel to eliminate the problem and/or shall submit a report to the Planning Commission..."

MOTION by Commissioner Perrotti, seconded by Commissioner Pizer, to APPROVE CUP 03-4 -- Conditional User Permit amendment for interior and exterior alterations to an existing restaurant with on-sale general alcohol and live entertainment at 22 Pier Avenue, including the change to Condition Nos. 5, 8 and 9; and that the owner ensure that the outdoor dining area is being operated consistent with the requirements of the encroachment permit. The motion carried as follows:

AYES: Hoffman, Perrotti, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: Kersenboom

1

May 12, 2003

Honorable Chairman and Members of the Regular Meeting of

Hermosa Beach Planning Commission May 20, 2003

SUBJECT: CONDITIONAL USE PERMIT AMENDMENT 03-4

LOCATION: 22 PIER AVENUE

APPLICANT: 22 PIER LLC, MARK COSGROVE

22 PIER AVENUE

HERMOSA BEACH, CA 90254

REQUEST: TO ALLOW INTERIOR AND EXTERIOR ALTERATIONS TO AN

EXISTING RESTAURANT WITH ON-SALE GENERAL ALCOHOL,

LIVE ENTERTAINMENT

Recommendation:

To approve the request subject to the conditions by adopting the attached resolution.

Background:

PROJECT INFORMATION:

ZONING: C-2 Restricted Commercial

GENERAL PLAN: General Commercial

AREA OF ESTABLISHMENT: 2,850 square feet (Interior)

292 square feet (Outdoors)

PARKING: No on site parking

ENVIRONMENTAL DETERMINATION: Categorically Exempt

The business is located on the ground floor of multiple story building, with the upper floors

containing a youth hostel. A Conditional Use Permit amendment was granted by the Planning Commission in 1987 for live entertainment and dancing in conjunction with the existing restaurant with on-sale general alcohol for “The End Zone.” Prior to the granting of the amendment the business was under consideration for revocation of its 1974 CUP, as it was providing live entertainment and dancing without a CUP, and causing noise problems. Therefore, when the amendment was approved, the conditions of that approval included several standard conditions for live entertainment including an acoustical analysis. The acoustical analysis at that time, recommended dual pane windows, orientation of loudspeakers toward the center of the room, an entry alcove with double doors, installation of sound absorbing material on the inside of the front walls and installation of air conditioning. These measures were implemented in the building as verified by follow-up inspections.

The building, however, was substantially altered as part of a mandatory seismic retrofit program in

2

1997, and outdoor seating was added in the encroachment area as allowed by the Municipal Code at about the same time. The restaurant ownership also changed in 1997 to the Beach Club. It appears that the front entry door, which was previously accessed through a narrow alcove pursuant to the 1987 CUP, was modified at that time as well, as it now contains French doors opening directly onto the outdoor seating with no defined entry. The doors are stepped back from the front of the building, which differs from the 1987 approved plan with an alcove and double doors.

Analysis

The prior business (The Beach Club) has been sold and the business will be owned and operated under new management. The applicant is requesting alterations to the interior and exterior to accommodate a new restaurant and bar with a new theme. The changes are largely to clean up and upgrade the space, and include minor changes to increase the area and functionality of the kitchen, to add a handicap accessible bathroom, and to improve the exterior appearance. The changes include a new seating plan, and a raised seating area to define restaurant seating areas separate from the bar area. No changes are proposed to the bar or the location to stage live entertainment, and no specific changes in the conditions of approval are requested. The French doors in front are proposed to be replaced with double pane glass, in the existing configuration rather than double doors.

Since the proposed restaurant, as modified, continues to involve live entertainment, the attached resolution includes all the standard conditions of the original approval relating to noise, updated to be consistent with recent Conditional Use Permits. Also, the conditions include a requirement that the applicant prepare an acoustic study pursuant to current noise ordinance requirements and implement any recommendations of the study in the building. Even though this is an existing business, staff believes a new acoustic analysis is necessary because of interior alterations and changes that have occurred since 1987, including the removal of the entry alcove and the proposed new changes, and to tailor the acoustic analysis to the current noise ordinance.

The hours limitations for live entertainment in the existing C.U.P. are limited to between 7:00 P.M. and 1:30 A.M. Thursday through Sunday. Staff is recommending maintaining the Thursday through Sunday limitation (as the building contains lodging above) and modifying the condition to be consistent with other nearby establishments to end live entertainment at 1:15 A.M.

_________________________________

Ken Robertson,

Senior Planner

CONCUR:

Sol Blumenfeld, Director

Community Development Department

Attachments

1. Proposed Resolution

2. Location Map

4. P.C. Resolution 87-4

Floor plans included as separate attachment

P.C. RESOLUTION 03-

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 an amendment to a Conditional Use

Permit to allow alterations to an existing restaurant 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 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, subject to the following

Conditions of Approval, which supersede the conditions contained in P.C. Resolution 87-4:

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 AM Thursdays through Sundays and on Federal, and State holidays, Cinco De Mayo and St. 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 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

entire restaurant.

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, 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. 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.

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 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.

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.

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. 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 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.

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:

NOES:

ABSENT:

ABSTAIN:

CERTIFICATION

I hereby certify the foregoing Resolution P.C. 03- 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.

_________________________                            ______________________

Peter Hoffman, Chairman                                    Sol Blumenfeld, Secretary

Date __May 20, 2003

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