Recommended Conditions of Approval
1. The project shall be in substantial conformance with the plans and project description submitted to, and approved by the Planning Commission on August 10, 2022 as amended and conditioned. Any substantial deviation from the approved plans and project description, as conditioned, shall require review by the Community Development Director to determine if approval from the Planning Commission is required.
2. Operations for 901 and 903 Manhattan Avenue shall be governed by this resolution and City Council Resolution No. 4108, except that Conditions No. 5 and 11 in City Council Resolution No. 4108 are replaced by Condition No. 20 herein.
3. Any questions of intent or interpretation of any condition will be reviewed by the Community Development Director to determine if Planning Commission review and action is required.
4. A Construction Management and Parking Plan (CMPP) shall be submitted by the applicant with the submittal of plans building plans to the Building Division. The CMPP shall be reviewed and approved by the City, including but not limited to, the City Traffic Engineer, Planning, Fire, Police and Public Works, prior to permit issuance. The Plan shall include, but not be limited to, provisions for the management of all construction related traffic, parking, staging, materials delivery, materials storage, and buffering of noise and other disruptions.
The Plan shall minimize construction-related impacts to the surrounding neighborhood, and shall be implemented in accordance with the requirements of the Plan.
5. Modifications and improvements to the tenant space shall be in compliance with applicable Building Division and Health Department regulations when applicable.
Operation
6. Maximum capacity for the expanded dining space at 901 Manhattan Avenue is 42 persons.
7. The operators of the business shall not usher food and beverage service from 903 Manhattan Avenue to 901 Manhattan Avenue across the public right-of-way.
8. The operators of the business shall police the property and all areas adjacent to the business during the hours of operation to keep it free of litter and food debris.
9. The operators of the business shall provide adequate management and supervisory techniques to prevent loitering and other security concerns outside the subject business.
10. All rooftop mechanical equipment shall be screened from the public right-of-way.
11. The subject business shall obtain approval from the California Department of Alcoholic Beverage Control.
12. The business shall be in substantial compliance with all restrictions imposed by the Alcohol Beverage Control Board (ABC) prior to service of liquor.
13. Alcohol service shall be conducted only in conjunction with food service during all hours of operation.
14. At all times the business shall identify itself as a “restaurant” and will not identify itself as a “bar” in public advertisements.
15. The operator of the business must obtain an Entertainment Permit, in accordance with Title 4, Article 4, for any live entertainment offered at the establishment within 901 and 903 Manhattan Avenue.
16. Hours of any future live entertainment shall be limited to be no later than 12:00 a.m.
Sunday through Thursday, and 1:00 a.m. Friday and Saturday.
17. Noise emanating from the property shall be within the limitations prescribed by the City Noise Ordinance and shall not create a nuisance to nearby property owners.
18. The operator of the business shall control the volume of any background music.
19. Upon determination that there are reasonable grounds for revocation or modification of the Use Permit, the Planning Commission or City Council may review the Use Permit in accordance with the requirements of the MBMC Chapter 10.104. Modification may consist of conditions deemed reasonable to mitigate or alleviate impacts to adjacent land uses.
20. City staff will periodically review the approved use to determine compliance with conditions imposed and Municipal Code requirements.
Refuse
21. Plans approved through the plan check process for building permits must demonstrate a proposed trash enclosure that meets the full satisfaction of the City, as approved by the Public Works Director. Capacity requirements to be determined during the plan check process.
22. No refuse generated at the subject site shall be located in the non-alley Public Right-of-Way for storage or pickup, including the disposal of refuse in any refuse container established for public use. All refuse shall be stored within the trash enclosure.
Signage
23. All new signs and alterations to existing signs shall receive permits, and shall be in compliance with the City’s sign code.
24. A-frame or other sidewalk signs in the public right-of-way shall be prohibited.
25. No temporary banner or other signs shall be placed on the site without City permit and approval.
Procedural
26. The property owner shall be required to obtain a City of Manhattan Beach right-of-way encroachment permit for any projections into the public right-of-way.
27. Terms and Conditions are Perpetual; Recordation of Covenant. The provisions, terms and conditions set forth herein are perpetual, and are binding on the owner, its successors-in- interest, and, where applicable, all tenants and lessees of the site. Further, the owner shall submit the covenant, prepared and approved by the City, indicating its consent to the conditions of approval of this Resolution, and the City shall record the covenant with the Office of the County Clerk/Recorder of Los Angeles. Owner shall deliver the executed covenant, and all required recording and related fees, to the Department of Community Development within 30 days of the adoption of this Resolution. Notwithstanding the foregoing, the Director may, upon a request by owner, grant an extension to the 30-day time limit. The project approval shall not become effective until recordation of the covenant.
28. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys’ Fees, Incurred by the City. The operator shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to this approval, related entitlements, or the City’s environmental review thereof. The operator shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the owner of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the owner of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the owner shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The owner shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this Section shall be construed to require the owner to indemnify Indemnitees for any Claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation.
The owner shall deposit said amount with the City or enter into an agreement with the City to pay such expenses as they become due.