PC RES 2005-004 P.C. RESOLUTION NO. 2005-04
RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF
RANCHOLOS VERDES CONDITIONALLY APPROVING
ZON2004-00613 FOR A CONDITIONAL ll E PERMIT, THEREBY
ALLOWING CI LIVE TE T I T IN THE FORM OF
SAMBACE SHOWS AND A BAND, AT AN EXISTINGBRAZILIAN
RESTAURANT L T T 29601 WESTERN AVENUE.
WHEREAS, on November 16, 2004, property owner Rio Carnaval, LLC, submitted a
Conditional Use Permit application (hereinafter referred to as Case No. ZON2004-00613),
requesting approval to allow dancing and live entertainment in the form of Samba dance
shows and amplified music with a live band during evening hours in conjunction with an
existing restaurant; and,
WHEREAS, on December 16, 2004, Case No. ZON2004-00613 was deemed
generally complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Case No. ZON2004-00613 would have a
significant effect on the environment and,therefore,the proposed project has been found to
be categorically exempt (Class 1, Section 15301); and,
WHEREAS, on January 11, 2005, at the request of the applicant, the Planning
Commission continued the item to the January 25, 2005 Planning Commission meeting;
and,
WHEREAS, on January 25, 2005, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Municipal Code, the Planning Commission held a duly noticed
public hearing to consider Case No. ZON2004-00613,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The site is adequate in size and shape to accommodate said use and
for all the features required by Title 17 and by conditions imposed to ensure that the
proposal does not negatively impact abutting land uses and those within the neighborhood.
The dancing and live entertainment will be limited to specified nights, a limited number of
performances will be allowed, and will be limited to specified hours. Further, the uses will
not impact the physical site and the features of the site will not be altered.
P.C. Resolution No. 2005-04
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Section 2® The site for the proposed use relates to streets and highways sufficient
to carry the type and quantity of traffic generated by the subject use because the site is
served by Western Avenue, which is a large arterial corridor designated as a California
State Highway. The uses, which have been conducted in the past, will have no adverse
effect upon existing levels of service for abutting public streets or nearby intersections.
Section 3e There will be no significant adverse effect on adjacent property or the
permitted use because there are no complaints that arose from the previous dancing and
live entertainment uses. Further, conditions have been incorporated to address potential
noise impacts and limit the hours of the live entertainment and dancing.
action 46 The proposed use is not contrary to the General Plan and Specific Plan
111 since its concept is "for service commercial use with an emphasis on visitor-serving
uses, such as eating and drinking places, hotels and motels, and entertainment" (Western
Avenue Specific Plans, June 2001, page 19).
Section 5® Conditions have been imposed to protect the health, safety and
general welfare, which includes buffers and landscaping, maintenance of structures, and
other conditions as will make possible development of the City in an orderly and efficient
manner and in conformity with the intent and purposes set forth in the City's Development
Code, as identified in Exhibit "A" attached hereto.
Section 6® The subject property is within Specific Plan 111, and the reestablishment
of the dancing and live entertainment at the existing restaurant is consistent with Specific
Plan 111, since its concept is"for service commercial use with an emphasis on visitor-serving
uses, such as eating and drinking places, hotels and motels, and entertainment" (Western
Avenue Specific Plans, June 2001, page 19).
Section 7: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.60.060 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and
with the appropriate appeal fee, no later than fifteen (15) days following January 11, 2005,
the date of the Planning Commission's action.
Section m For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approves Case No. ZON2004-00613, subject to the conditions of
approval contained in the attached Exhibit "A", attached hereto and made a part hereof,
which are necessary to protect the public health, safety, and welfare.
P.C. Resolution No. 2005-04
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PASSED, APPROVED, and ADOPTED this 25th day of January 2005 by the following roll
call vote:
AYES: Karp, Gerstner, Knight, Perestam, Tetrault
NOES:o
ABSTENTIONS: 0
ABSENT: Mueller
Craig Mueller
Chairman
JotR)oas, ASIC
Dir cto of Plan b�iDd, Building and
Co forcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2005- 04
Page 3
EXHI IT w
CONDITIONS F APPROVAL
CASE ® 2 04d 0613
(CONDITIONAL E PERMIT)
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or
property owner shall submit to the City a statement, in writing, that they have read,
understand and agree to all conditions of approval contained in this approval. Failure to
provide said written statement within ninety(90)days following the date of this approval
shall render this approval null and void.
2. This approval allows for dancing and live entertainment in the form of Samba dance
shows and amplified music with a band during evening hours in conjunction with the
food service of the existing restaurant. Dancing and live entertainment is not allowed to
occur at times when the restaurant is not serving food.
3. The Samba dance shows shall be limited to not more than two performances per
evening, and the performances shall not to be conducted after 10:30 pm. Further, the
Samba dance shows are limited to being conducted Thursday through Sunday.
Dancing and live entertainment beyond the hours and days permitted herein shall only
be allowed with an approval of a revision to this conditional use permit by the Planning
Commission.
4. Although the restaurant is allowed to operate daily, the restaurant operation and all
activities within the building shall cease no later than midnight Sunday through
Wednesday, and shall cease no later than 2:00 am Thursday through Saturday.
5. The performers of the Samba dance shows shall not be nude as defined in Section
5.10.010(1) of the Rancho Palos Verdes Municipal Code.
6. Exchange of money is prohibited between patrons of the restaurant and the performers
of the Samba dance shows.
7. The size of the band area shall be limited to 13' by 14'.
8. Dancing of patrons at the restaurant shall be allowed during the hours of operation
stipulated in condition 4, above.
9. No admission fee shall be collected to enter the restaurant.
10.The doors and windows along the north, south and west facades of the building that
face the adjacent properties shall be kept closed during business hours of the
restaurant to buffer noise.
P.C. Resolution leo. 2005-04
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11.With the exception of the bar,which serves alcohol, minors shall not be prohibited from
entering the restaurant establishment.
12.The project shall be reviewed by the Planning Commission three (3) months from the
date of final occupancy issued by the Building and Safety Division, to review the
applicant's compliance with the conditions of approval. At that time, the Planning
Commission may add, delete, or modify the conditions of approval as deemed
necessary and appropriate. Notice of said review hearing shall be published and
provided to owners of property within a 500' radius, to persons requesting notice, to all
affected homeowners associations, and to the property owner in accordance with
Rancho Palos Verdes Development Code Section 17.80.090.
13.This conditional use permit shall be valid for one year from the date of final action on the
permit or approval. A request to renew the conditional use permit shall be filed, at no
charge to the applicant, prior to the one-year expiration of the conditional use permit
and shall be forwarded to the Planning Commission for review. The request to renew
the conditional use permit shall, at a minimum, be accompanied by a conditional use
permit application and mailing labels of all property owners within a 500-foot radius of
the subject property. At the time of Planning Commission review, the Commission may
grant an extension to, or revoke the conditional use permit. Further, the Planning
Commission may add, delete, or modify the conditions of approval as deemed
necessary and appropriate. Notice of said renewal hearing shall be published and
provided to owners of property within a 500' radius, to persons requesting notice, to all
affected homeowners associations, and to the property owner in accordance with
Rancho Palos Verdes Development Code Section 17.80.090.
14.No amplified music shall be allowed outside of the restaurant, with the exception of
background music in the exterior dining area during daylight hours only.
P.C. Resolution No. 2005-04
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