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HomeMy WebLinkAboutRES 16-7043 (UPHOLD PC DECISION-HERMOSA PUB)1 2 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 ?R RESOLUTION NO. 16-7043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW ON -SALE BEER AND WINE SERVICE AND CONSUMPTION IN CONJUNCTION WITH AN EXISTING RESTAURANT, HERMOSA PUB (FORMERLY BIG MIKE'S PHILLY CHEESE STEAKS) UNTIL 11:00 P.M. DAILY AT 1314 HERMOSA AVENUE; AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LEGALLY DESCRIBED AS LOTS 8 AND 9, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH, CITY OF HERMOSA BEACH, CALIFORNIA THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. An application was filed by Chris Runowicz, of Hermosa Philly Grill, LLC (doing business as Hermosa Pub), seeking approval of a Conditional Use Permit to allow on -sale beer and wine service and consumption in conjunction with an existing restaurant use, (formerly Big Mike's Philly Cheese Steaks), until 11:00 P.M. daily at 1314 Hermosa Avenue. SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider Conditional Use Permit 16-3 on July 19, 2016, at which time the staff report and testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. The Planning Commission approved the application with a 3-2 vote. SECTION 3. On July 26, 2016, the City Council, pursuant to Section 2.52.040 of the Municipal Code, took jurisdiction of the Planning Commission decision. SECTION 4. On August 23, 2016, the City Council held a duly noticed public hearing to review the Planning Commission's decision, at which time testimony and evidence, both and oral, and the record of the decision of the Planning Commission was presented to and considered by the Council. SECTION 5. Based on the staff report, testimony and evidence received, the City Council makes the following factual findings: Page 1 of 10 16-7043 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7R 1. The site is zoned C-2 Restricted Commercial which aims to provide opportunities) for a limited range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown — a resident and visitor serving pedestrian -oriented entertainment district. 2. The applicant proposes to allow on -sale beer and wine service and consumption in conjunction with an existing restaurant use, doing business as Hermosa Pub (formerly Big Mike's Philly Cheese Steaks), until 11:00 P.M. daily at 1314 Hermosa Avenue. SECTION 6. Based on the staff report, testimony and evidence received, the City Council makes the following findings for a Conditional Use Permit requesting on -sale beer and wine service and consumption, pursuant to H.B.M.C. Section 17.40.020, and incorporating the conditions set forth in Section 17.40.080, and finds the project will be compatible with the surroundings and all impacts can be reduced to an insignificant level: A. Distance from existing residential uses: The subject site is located on Hermosa Avenue in the C-2 Restricted Commercial zone, is surrounded by C-2 Restricted Commercial zones to the north, east, south and west, and is approximately 75 feet from the nearest residential use, which is a legal non -conforming residential use located at 1331 Manhattan Avenue. B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: there are four parking spaces provided on -site which are accessed from Palm Drive. The existing restaurant use is legally non -conforming to parking. The proposed modifications will continue the existing restaurant use while maintaining an occupant load of less than 49 persons; therefore, parking will not be affected. C. Location of and distance to churches, schools, hospitals and public playgrounds: Noble Park is the nearest sensitive receptor and is located approximately 460 feet from the project site. The proposed modifications are not likely to affect Noble Park, or other parks or similar uses in the vicinity due to distance and peak periods differing from sensitive receptors. There are no nearby churches, schools or hospitals. Therefore, impacts to these sensitive uses are not anticipated. Page 2 of 10 16-7043 1 2 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 ?R D. The combination of uses proposed: the restaurant use, with existing on -sale and wine until 10:00 P.M. daily will continue, with the extension of on -sale beer and wine service and consumption in conjunction with an existing restaurant until 11:00 P.M. daily. The proposed project is located in the C-2 Restricted Commercial zone which aims to provide opportunities for a limited range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown —a resident and visitor serving pedestrian -oriented shopping/ entertainment district. The additional one hour of service is consistent with the existing combination of existing uses. E. Precautions taken by the owner or operator of the proposed establishment to assure compatibility of the use with surrounding uses: the existing use has operated compatibly. The Hermosa Beach Police Department and Fire Department have expressed no concerns about the proposal; therefore, no special precautions are needed. F. The relationship of the proposed business -generated traffic volume and the size streets serving the area: the restaurant use has been established at this location since 1995. The applicant's proposal to increase operating hours to 11:00 P.M. daily will not affect existing streets or impact traffic volume as the operating times are staggered with surrounding commercial uses. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: plans submitted to the Community Development Department do indicate modifications to signage or exterior decor of the existing restaurant establishment. H. The number of similar establishments or uses within close proximity to the proposed establishment: there are twelve nearby establishments which provide on -sale beer and wine or full/general alcohol. Eight of the establishments are late -night alcohol beverage establishments (operate after 11:00 P.M.), and four establishments close no later than 11:00 P.M. The applicant's proposal to increase operating hours will not increase the number of late -night alcohol beverage establishments and is consistent with the surrounding uses. The table below outlines nearby similar establishments within close proximity to the existing restaurant and has been revised to include updates made to the Citywide inventory of beer and wine/general alcohol establishments. Page 3of10 16-7043 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9R Restaurant Address License Type CUP Hours of Operation Name Brat & Brau 1342 41 - On -Sale Beer and Sam-llpm Daily Hermosa Wine -Eating Place Ave. edone's Pizza 1332 41 - On -Sale Beer And Sam-llpm Sun-Thurs, 8am- Hermosa Wine -Eating Place 12am Fri -Sat Ave. Vacant Tenant Space 1332 No active ABC license '7am-Midnight Daily (Closes at lam on New ,Formerly The Hermosa (Previously Type 47 - ear's Eve) Establishment) Ave. On -Sale General Eating Place) Underground 1334 47 - On -Sale General 1 lam-1:30am Daily Pub & Grill Hermosa Eating Place Ave. 'The Standing Room 1320 47 - On -Sale General am -lam Daily Hermosa Eating Place Ave. Hermosa Pub 1314 41 - On -Sale Beer And Pending City Council determination (formerly Big Mike's Hermosa Wine -Eating Place (currently operate until IOpm Daily). Philly Cheese Steaks) Ave. Abigaile 1301 '75 -On-Sale General 7am-2am Daily Manhattan 'Brew -Pub Ave. Dia de Campo 1238 47 - On -Sale General gam- 11pm Sun-Tues, Sam -midnight Wed, Hermosa Eating Place 12:30am day following Thurs., 8 am -lam Ave. Jay following Fri, Sat, Fed & State holidays, Cinco de Mayo & St. Patrick's Laurel Tavern 1220 No active ABC license 8am-12am Daily (Formerly Game Hermosa (Previously Type 47 - Changers) Ave. On -Sale General Eating Place) Rok Sushi Kitchen 1200 47 - On -Sale General 6:30am-2am Daily Hermosa Eating Place Ave. :Steak and 117 Pier 47 - On -Sale General am-llpm Daily Whisky Ave. Eating Place New Orleans 140 Pier f41 - On -Sale Beer And CUP for live entertainment - Cajun & Creole Ave. Wine -Eating Place Close by IOpm daily Cuisine Page 4of10 16-7043 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 '7 R I. Noise, odor, dust and/or vibration that may be generated by the proposed use: all business operations will be fully contained within the building with no outdoor dining areas proposed; therefore, noise, odor, dust and/or vibration disturbances are not anticipated. J. Impact of the proposed use to the City's infrastructure, and/or services: the existing restaurant use will be maintained with the new Hermosa Pub restaurant and current infrastructure is capable of handling the unchanged use. No impacts are anticipated from the proposed additional one hour of operation. K. The establishment's contribution to a concentration of similar outlets in the area: the applicant's proposal to increase operating hours to 11:00 P.M. daily will not add to the concentration of similar outlets in the area because an alcoholic beverage establishment has already been established at this location for many years. L. Other considerations that, in the judgment of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole: No other issues are identified. SECTION 7. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15301, Class 1, Existing Facilities, as the project involves negligible or no expansion of an existing use. SECTION 8. Based on the staff report, testimony and evidence received, including the record before and findings of the Planning Commission, the City Council hereby sustains the Planning Commission decision to approve Conditional Use Permit 16-3 (superseding Planning Commission Resolution 16-20), to allow on -sale beer and wine service and consumption until 11:00 P.M. daily in connection with an existing restaurant use, doing business as Hermosa Pub (formerly Big Mike's Philly Cheese Steaks), at 1314 Hermosa Avenue, subject to the following Conditions of Approval: Conditional Use Permit Page 5of10 16-7043 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R 1. The use shall be substantially consistent with the applicant's submittal reviewer by the City Council on August 23, 2016 and as required by project conditions. Mino modifications to the floor plan shall be reviewed and may be approved by the Community Development Director. Any substantial deviation to the floor plan or seating arrangement, exterior layout or intensification of use which alters the primary function of the business shall be reviewed and approved by the Planning Commission. 2. The business hours of operation shall be from 10:00 A.M. to 11:00 P.M. daily, which time all customers shall vacate the premises and the doors shall be locked. Beer and wine sales and consumption must cease by 11:00 P.M. daily. 3. No door shall open over the public right-of-way. 4. Any encroachment into the public right-of-way shall require an encro; permit and is subject to approval by the Director of Public Works. 5. The provision of alcoholic beverages shall be limited to beer and wine and with the following: a. All alcoholic beverages shall be served in non -disposable drink ware. b. No beer or wine shall be provided "to go." c. Signs shall be posted in a conspicuous locations warning patrons of the illegality of consuming alcoholic beverages in any public place. 6. Signs shall be posted complaint with H.B.M.C. Section 8.48.060 Alcoholic Beverages —Warning Signs. 7. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 8. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the business or in the immediate area. 9. If the operation of the establishment poses a risk of harm to persons or property, the Police Chief may direct the presence of a police -approved doorman and/or security personnel to eliminate the problem, at the owner/operator's expense. If the problem persists, the Chief then Page 6 of 10 16-7043 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R 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 the premises shall be maintained in a neat and clean manner, maintained free of graffiti at all times. 11. The business shall comply in all other aspects with Municipal Code Chapter 8.24 (Noise Control) and noise from the premises shall not constitute a public nuisance. a. The volume on any audio devices or speakers shall be turned off after 10:00 P.M. each night. 12. Live entertainment (including but not limited to amplified music, disc jockeys, live music whether acoustic or amplified, and live performances of all kinds), excluding two acoustic musicians providing background music as allowed by the Municipal Code, and customer dancing is prohibited. Such acoustic musicians shall not be located within ten (10) feet from the fagade. 13. The practice of washing and rinsing restaurant floor mats, tables, equipment, etc., or discharge of any liquids, other than stormwater, onto the public right-of-way, into the parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. Designation of a mop sink and provision of a grease trap shall be provided as required by the Public Works and Building Division. 14. The restaurant shall maintain sales reports showing the actual items sold and price charged and invoices for all food, nonalcoholic beverages and alcohol beverages sold for the prior twelve (12) months. Should the Planning Commission or City Council initiate a CUP modification or revocation, the Commission or the Council may at its discretion require the subject business to provide (a) a statement of the percentage of gross sales, computed monthly, that resulted from the sale of prepared food for not longer than the prior twelve (12) months; and (b) the supporting data upon which the percentage is based. The Planning Commission or City Council may also require an audit of the records of the business by a certified public accountant to determine the gross sales of food and alcohol or a forensic audit by a qualified auditor selected by the city of the information and data systems by which the information is produced. The results of these audits may be used to Page 7 of 10 16-7043 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R determine whether the grounds for modification or revocation exist. When considering revocation or modification, a restaurant that sells or provides on -sale alcoholic beverages will be presumed to be operating as a restaurant if the monthly food to alcohol sale ratios are consistent with the ratios in Section 17.70.010(H). 15. The establishment shall not use polystyrene take-out containers, which may may not be identified with a "No. 6" or "PS" recycle code. 16. A manager who is aware of the conditions of this Conditional Use Permit shall be on the premises during business hours. The Conditional Use Permit shall be maintained on the premises in a location where employees can easily read the conditions. 17. Exterior and interior water use shall comply with H.B.M.C. Section 8.56. Proof of compliance with water conserving devices shall be provided. 18. The project shall comply with all requirements of the City Building, Fire, and Public Works Departments and maintain conformance with all other applicable City of Hermosa Beach and regulatory agency requirements and standards, including but not limited to: California Coastal Commission, California Department of Alcoholic Beverage Control, Los Angeles County Health Department, California Disabled Access Standards (Government Code title 24), and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). City requirements may include, but not be limited to, designation of a mop sink and installation of grease interceptor. 19. 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 hereafter adopted that is 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. 20. 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. Page 8 of 10 16-7043 1 2 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 ?R 21. Approval of this permit shall expire twenty-four (24) months from the date approval by the City Council, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested in writing to the Community Development Director, including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. SECTION 9. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at 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 Conditional Use Permit. The Conditional Use Permit shall be recorded and proof of recordation shall be submitted to the Community Development Department prior to commencement of operation or issuance Building Permit Certificate of Occupancy. Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a court of law, all other conditions shall remain valid and enforceable. The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this Conditional Use Permit. The City shall promptly notify the Permittee of any claim, action or proceeding and the City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of any claim, action or proceeding, or the City fails to cooperate fully in the defense, the Permittee shall not thereafter be responsible to defend, indemnify or hold harmless the City. The Permittee shall reimburse the City for any court and attorney's fees that 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 Permit. Page 9of10 16-7043 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1)R SECTION 10. Pursuant to the Code of Civil Procedure Section 1094.6, any leggy challenge to the decision of the City Council must be made within 90 days after the final decisio by the City Council. SECTION 11. The City Clerk shall certify to the passage and adoption of this Resolutiol shall cause the same to be entered among the original resolutions of said City; and shall make minute of the passage and adoption thereof in the records of the proceedings of the City Council c said City in the minutes of the meeting at which time same is passed and adopted. PASSED, APPROVED AND ADOPTED this 23rd day of August, 2016. PRESIDE W of the City Council end NIA ATTEST: City Clerk the City of Hermosa Beach, California City Attorney Page 10 of 10 16-7043 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 16-7043 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on August 23, 2016. The vote was as follows: AYES: Armato, Duclos, Petty, Mayor Fangary NOES: Massey ABSENT: None ABSTAIN: None Dated: August 24, 2016 Elaine Doerfling, City Clerk L)