HomeMy WebLinkAbout12-1337 No intensification - alcohol
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ORDINANCE NO. 12-1337
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE MUNICIPAL CODE, CHAPTER 17 (ZONING), TO
INCORPORATE THE CITY’S POLICY ON “NO INTENSIFICATION OF
LATE NIGHT ON-SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS”
The City Council of the City of Hermosa Beach does hereby ordain as follows:
SECTION 1. Section 17.40.080 of Chapter 17 of the Hermosa Beach Municipal Code is
amended to read as follows:
17.40.080 On-sale alcohol beverage establishment.
A. General provisions. The following minimum conditions and standards, in addition to any
other deemed necessary or appropriate to ensure compatibility with existing or future permitted
uses in the vicinity, may be required:
1. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
2. The business shall prevent loitering, unruliness and boisterous activities of the patrons
outside the business or in the immediate area.
3. The Police Chief may determine that a continuing police problem exists and may,
subject to appeal to the Planning Commission, direct the presence of a police approved doorman
and/or security personnel to eliminate the problem. An appeal to the Planning Commission shall
be heard within sixty (60) days of filing the appeal. The Police Chief’s determination will not be
stayed during the pendency of the appeal. If the problem persists, the Police Chief then shall
submit a report to the Planning Commission, which will automatically initiate a review of the
conditional use permit.
4. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
5. Any changes to the interior or exterior layout which alter the primary function of the
business shall be subject to review and approval by the Planning Commission.
B. Late-night alcohol beverage establishments. The following shall also apply to “late-
night alcohol beverage establishments.” Late-night alcohol beverage establishments means on-
sale establishments that have been granted a conditional use permit that allows the establishment
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to operate after 11:00 p.m., including restaurants, establishments that serve or allow alcoholic
beverages as the primary use (e.g., bars), and establishments that provide live entertainment.
1. Objective. The objective of this Subsection B is to reduce the potential for adverse
impacts associated with late-night alcohol beverage establishments through the following means:
a. To limit the total number of late-night alcohol beverage establishments that operate
in the City, and to prevent an increase in the cumulative number of hours that these establishments
operate after 11:00 p.m.
b. To prevent the expansion and intensification of late-night alcohol beverage
establishments through increases in an establishment’s assigned occupant load as a result of
increases to square footage or floor plan alterations.
c. To prevent changes to floor plans, operating rights, type of alcoholic beverages
served (beer and wine versus full alcohol service), or other factors that may result in adverse
impacts.
d. To encourage the voluntary reduction in permitted operating hours in exchange for
other operational incentives, provided that the incentives do not exacerbate the adverse impacts
sought to be reduced.
e. To limit new late-night alcohol beverage establishments and encourage a diverse
commercial sector in the City with a full-range of services for both residents and visitors that is
compatible with the surrounding area.
2. Criteria. The following additional criteria shall be considered for any conditional use
permit (new or amended) for a late-night alcohol beverage establishment:
a. Whether the total number of late-night alcohol beverage establishments will exceed
the City’s limit on such establishments. The limit shall be set by City Council Resolution and
may, upon recommendation by the Planning Commission or its own motion, be amended by the
City Council from time to time.
b. Whether the use will intensify through increases in the assigned occupant load from
owner/operator-initiated construction and/or remodeling that expand the square footage or alter the
floor plan. Assigned occupant load is calculated by the City under the relevant provisions of the
Building Code.
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c. Whether proposed modifications to floor plans, conditions of approval, type of
alcoholic beverages served (beer and wine versus full alcohol service), or other factors may
increase adverse impacts.
d. Whether the type, quantity, or geographic location of the establishment will create
an over-abundance of similar establishments in a particular area of the City such that it will reduce
the diversity of businesses operating in the immediate area.
e. Notwithstanding the criteria in (a) through (d), whether exceptional opportunities
exist to achieve other Community Development goals that will benefit the community, such as
redevelopment of an underutilized parcel or older building; to promote or catalyze economic
activity (e.g., new large or mixed use development); or to recognize the unique attributes of a new
business.
3. Incentives. Holders of conditional use permits that request incentives in exchange for
the voluntary reduction in permitted operating hours are eligible for incentives as follows.
a. The Planning Commission, or City Council on appeal, may grant one or more
incentives in exchange for the voluntary reduction in permitted operating hours through an
amendment to the conditional use permit. Incentives may include benefits such as:
i. Modified operating rights (e.g. live entertainment, space for dance floors,
changes from beer and wine service to general alcohol, etc.);
ii. Modifications to conditions in the use permit;
iii. Deviations from any required minimum food-to-alcohol ratio; or
iv. Deviations from other standards in the code. Deviations from parking
requirements or parking-related fees shall not be granted.
b. In granting incentives, the Planning Commission, or City Council on appeal, shall
find that the incentive does not exacerbate the adverse impacts sought to be reduced by the
reduction in hours, and may impose conditions to ensure that the incentives granted will be
implemented consistent with the objectives of this subsection.
c. City processing fees associated with such negotiations (e.g. conditional use permit
amendment) may be rebated and/or reduced at the discretion of the City Council.
SECTION 2. Pursuant to Title 14 of the California Code of Regulations, the amendment
is exempt from the requirements of the California Environmental Quality Act because the
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amendment involves administrative procedures and determinations associated with the granting of
conditional use permits for new or modified on-sale alcohol beverage establishments open after
11:00 p.m. in order to ensure adverse impacts, such as noise, impacts on surrounding uses, and
demand for city services are not increased. Each specific project will be subject to a discretionary
conditional use permit process and each project is likely to be exempt from CEQA per Guidelines
Section 15301 or 15303 because each project would likely involve minor changes to existing
buildings or operations therein and/or conversion of an existing commercial use within an existing
building, and/or 15332 involving construction of a new commercial building and establishment of
a subject use, and any construction exceeding the limits of 15332 would be concurrently subject to
a precise development plan which is subject to CEQA.
SECTION 3. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption, which will be October 28, 2012.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance;
shall enter the same in the City’s book of original Ordinances; shall make minutes of the passage
and adoption thereof in the records of the City Council meeting at which the same is passed and
adopted; and prior to the expiration of fifteen (15) days after the date of its adoption, shall cause
this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation
published and circulated, in the City of Hermosa Beach in the manner provided by law.
PASSED, APPROVED and ADOPTED this 27th day of September, 2012 by the following vote:
AYES: DiVirgilio, Fishman, Tucker, Mayor Duclos
NOES: Bobko
ABSENT: None
ABSTAIN: None
______________________________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
____________________________________________ ________________________________________________
City Clerk City Attorney