TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Richard Thompson, Community Development Director
Quinn Barrow, City Attorney
Laurie B. Jester, Planning Manager
Angelica Ochoa, Associate Planner
SUBJECT:Title
A Resolution of the Manhattan Beach City Council Approving, Subject to Conditions, a Modified and Restated Use Permit for an Existing Restaurant/Bar ("Eating and Drinking Establishment") at the Property Located at 900 Manhattan Avenue (900 Club and Red Room) (CEQA Categorical Exemption) (Community Development Director Thompson).
ADOPT RESOLUTION UPHOLDING PLANNING COMMISSION DECISION WITH REVISED CONDITIONS
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No.14-0060 with revised conditions of the Planning Commission approval of a modification of a Use Permit and denying the appeal.
Body
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
Public hearings were held by the Planning Commission in February and May regarding the revocation/modification of an existing use permit for a restaurant/bar located at 900 Manhattan Avenue due to numerous neighbors' complaints. The Planning Commission received public comment and approved the Use Permit with additional conditions and modifications to address the neighbors' concerns.
An appeal was filed on May 27, 2014 for the City Council to further consider additional conditions related to operating hours, requiring an entertainment permit, use of the rear door and noise mitigation. The appeal was scheduled for a public hearing on August 19, 2014. Per Chapter 10.100 of the City's Municipal Code, the City Council can make a decision on the appeal, either affirming or reversing the Planning Commission decision as well as add new conditions.
DISCUSSION:
The City Council conducted the public hearing, received public comment and upheld the Planning Commission's approval of the modification of the Use Permit. The City Council's approval was based on reviewing and affirming the evidence that the Planning Commission considered in approving the revised Use Permit. The City Council discussed the subject appeal, considered that no complaints had been filed since March 2014, and the business owner installed the required noise mitigation measures as stated in Resolution No. PC 14-06, Condition No. 15.
Overall, the City Council agreed that the Planning Commission heard substantial public comment during two public hearings, considered the neighbor's issues and revised the conditions of the Use Permit to address their concerns. The City Council approved Resolution 14-0060 (3-2) with the following two revised conditions:
1) Condition No. 3 was revised to reflect that the security staff person be present from 9:30pm on Thursday, Friday and Saturday and any day there is a Special Event or Amplified Sound until all staff leaves. This is consistent with Condition No. 1, that was not revised, that states that staff may remain for one hour after closing time.
2) Conditions No. 6 and 9 were revised to require a Class I Entertainment Permit, with entertainment including but not limited to live bands, one or more performers of musicals or other acts, or amplified radio or pre-recorded music. In addition, entertainment shall only be permitted on the second floor (900 Club) on Thursday, Friday and Saturday, and on any day with a Special Event not to exceed a total of 18 days annually. Condition No. 6 continues to regulate background music.
CONCLUSION:
Staff recommends that the City Council adopt Resolution No. 14-0040 upholding the Planning Commission approval of a modification of a Use Permit with revised conditions and denying the appeal.
Attachment:
1. Resolution No. 14-0060