HomeMy WebLinkAboutRES-10-6709 (CUP FOR ON-SALE ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT)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
28
RESOLUTION NO.10-6709
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AFFIRMING AN APPEAL, IN PART, TO AMEND A
CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOLIC
BEVERAGES AND LIVE ENTERTAINMENT TO EXTEND THE LIVE
ENTERTAINMENT HOURS TO INCLUDE SUNDAY THROUGH
WEDNESDAY UNTIL 11:00 P.M. AND, DENYING THE APPEAL, IN PART,
AND SUSTAINING THE PLANNING COMMISSION DECISION TO DENY
THE REQUESTS FOR EXTENDED HOURS OF OPERATION, GREATER
EXTENDED HOURS FOR LIVE ENTERTAINMENT AND TO AMEND
CONDITIONS RELATING TO FOOD SALES, ALCOHOLIC BEVERAGE
PRICES, ADMISSION CHARGES AND NUMBER OF TELEVISIONS, AT 22
PIER AVENUE, "WATERMANS HB," LEGALLY DESCRIBED AS LOT 6,
BLOCK 12, HERMOSA BEACH TRACT, HERMOSA BEACH.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. An application was filed by "Watermans HB" (formerly Dragon) at 22 Pier
Avenue seeking approval of the following changes to a Conditional Use Permit:
Condition 2.1: Extend hours of closing/general alcohol service on Thursday thru Saturday
nights and holidays (Cinco de Mayo, St. Patrick's Day, Halloween, Christmas Day and Eve, New
Years Day and Eve, and all State and Federal holidays) from 1:00 a.m. to 1:30 a.m. the following
morning. Extend hours of closing and general alcohol service on Sunday through Wednesday
nights from 12:00 midnight, to 1:00 a.m. the following morning;
Condition 2.2: Extend hours for live entertainment Thursday through Saturday nights and
holidays from 12:30 a.m. to 1:00 a.m. the following morning. Change from no live entertainment
on Sunday through Wednesday nights, to allowing live entertainment Sunday through Wednesday
nights until 12:30 a.m. the following morning;
Condition 1.3: Eliminate requirement to provide summaries of food to alcohol dales
receipts to the Police Chief monthly for the first six months after approval of the amended CUP;
Condition 1.5: Eliminate that portion of the condition that prohibits admission charges;
1
10-6709
2
3
4
5
6
7
8
9
to
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Condition 1.8: Modify condition so that reduced price alcoholic beverage promotions will
not reduce a single drink price below $2.00; and
Condition 3.2: Delete the condition which prohibits more than eight (8) televisions.
SECTION 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Conditional Use Pernrit Amendnnent 09-9 on April 20, 2010 at
which time testimony and evidence, both oral and written, was presented to and considered by the
Planning Commission. On April 20, 2010, the Planning Commission voted 4:0 to adopt Planning
Commission Resolution 10-5 denying the project.
SECTION 3. On May 10, 2010, the applicant filed an appeal to the Planning
Commission's decision.
SECTION 4. The City Council conducted a duly noticed public hearing on June 8, 2010,
at which time the record of the decision of the Planning Commission and testimony and evidence,
both written and oral, was presented to and considered by the City Council. During the public
hearing, the applicant indicated that he was abandoning the portions of the appeal relating to
Conditions 1.3, 1.5, 1.8, 2.1 and 3.2 in Resolution 09-6654. The applicant did not withdraw any
portion of the appeal in writing; therefore, the City Council's determination on these items is
addressed below.
SECTION 5. Based on the testimony and evidence received, both written and oral, the
City Council makes the following factual findings:
1. The site is located on Pier Plaza within the downtown area of the City of Hermosa
Beach, California, and is zoned C-2, Restricted Commercial, which allows on -sale general
alcoholic beverages and live entertainment with approval of a Conditional Use Permit.
2. The existing restaurant with on -sale general alcohol is operating under the
Conditional Use Permit issued pursuant to City Council Resolution 09-6654, which incorporates
restricted hours and conditions to reduce impacts from the operation of the business alone and
cumulatively.
2
10-6709
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
28
3. The immediate downtown area (Pier Plaza and Hermosa Avenue) contains a total
of 26 on -sale restaurants and bar type establishments. The larger downtown area (Pier Avenue,
Hermosa Avenue and Pier Plaza) currently has a total of 37 on -sale establishments open after
10:00 p.m., of which 12 are on -sale beer and wine and 25 are general alcohol.
4. The business, Waterman HB, formerly Dragon, exhibited an `average' record of
I police enforcement activity in 2009 compared with other establishments as indicated in the annual I
I review conducted on February 16, 2010.
SECTION 6. Based on the foregoing findings, the City Council makes the following
I findings pertaining to the application for a Conditional Use Permit Amendment pursuant to
Subsections A, D, H, I and J of 17.40.020 and Subsection A of 17.40.080 of the H.B.M.C.:
1. The totality of the requested amendments extension of operating hours into the
late evening and well past the dining hour, live entertainment, reduction in drink prices, an
unlimited number of televisions, and the ability to charge for admission increase the potential for
the establishment to become primarily a'bar' or 'nightclub'.
2. The requested hours will incrementally increase the potential for increased numbers
of people, including intoxicated persons, on Pier Plaza and in the downtown in the late
evening/early morning, thereby increasing the potential for noise and behavioral problems, and
impacts to residential and comrnercial uses.
3. The concentration of establishments that assume the character of a bar or nightclub,
notwithstanding that most of those establishments are permitted as restaurants, requires increased
police presence, which increases costs to the City.
4. Extending hours on holidays adds to the significant number of on -sale
establishments which are allowed later hours on these days, with the potential effects identified
above.
5. As documented in the Staff Report presented for the annual review of on -sale
establishments conducted by the Planning Commission on February 16, 2010 and in the letter from
the Police Chief provided to the Planning Commission on April 20, 2010 in regard to this
3
10-6709
2
3
4
5
6
7
8
9
10
n
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
application at 22 Pier Avenue, incorporated herein by reference, maintaining staggered closing
times among establishments in the downtown helps avoid a rush of activity that results in noise,
disturbances, and a rush for taxis and other enforcement issues, as well as impacts to the
surrounding area.
6. While rigorous managerial and enforcement -related conditions were incorporated
into the CUP during the modification and amendment processes in 2008 and 2009, adherence to
those conditions may not fully mitigate impacts relating to this establishment and especially
cumulative impacts on Pier Plaza and in the downtown relating identified above if hours are
further extended.
7. It is inappropriate for the applicant to have the ability to charge admission because
the primary use is a restaurant and live entertainment is purely incidental, as specifically stated in
City Council Resolution 09-6654, and no mitigating conditions are identified.
8. Reinstatement of hours rescinded as a result of a CUP modification proceeding is
not a development right, and the conditions imposed on a conditionally permitted use are aimed at
reducing secondary impacts generated by the use. Regardless that almost two years have elapsed
since the CUP was first modified, retaining the current restrictions on hours and operation is
necessary to prevent or reduce secondary land use and public health and safety impacts that were
experienced when the business was operating until 2:00 a.m. These impacts include disturbances
to the surrounding area in the late evening/early morning hours, increased police enforcement
activity, over -occupancy violations, and ABC License violations, as demonstrated by evidence
presented at the annual review of on -sale establishments in 2007 and 2008, and further evidenced
during revocation/modifications for various establishments in the downtown including Dragon,
Blue 32 and The Shore in 2008. Evidence presented during the Planning Commission's annual
review of on -sale establishments in 2010 indicates that conditions on Pier Plaza and in the
downtown have shown improvement. Recent decisions documented in the April 20, 2010 Staff
Report to the Planning Commission in connection with this request at 22 Pier Avenue demonstrate
that the City has sought to limit intensification and new on -sale establishments in the downtown
4
10-6709
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
28
rrea and maintain staggered closing times as a means of reducing land use and public health and
Safety impacts, and extending hours and relaxing operational restrictions on this establishment
would be contrary to the progress made to improve the environment on Pier Plaza and in the
downtown area.
9. The business is already authorized under the CUP to provide live entertainment on
Thursday through Saturday night and holidays until 12:30 a.m. Allowing live entertainment until
11:00 p.m. on Sunday through Wednesday will not result in adverse effects to other businesses or
residents in the vicinity because ambient noise levels are higher during those permitted hours, the
activity will cease on weeknights by 11:00 p.m., and conditions of approval to control noise
remain in effect.
SECTION 7. The Conditional Use Permit amendment is Categorically Exempt from the
California Environmental Quality Act per the CEQA Guidelines, Section 15301, Existing facilities
because the project involves no physical change to any structure, site, number of patrons and
operations will not significantly change, an the project is located within an urbanized area on an
urban lot with availability of all necessary public services, access and facilities.
SECTION 8. Based on the foregoing, the City Council hereby denies the appeal in part
as to Conditions 1.3, 1.5, 1.8, 2.1 and 3.2 in Resolution 09-6654, and sustains the Planning
Commission's denial of subject Conditional Use Permit Amendment 09-9 with respect to those
conditions. The City Council hereby affirms the appeal in part and approves live entertainment on
Sunday through Wednesday until 11:00 p.m. in conjunction with the restaurant use, and hereby
amends Condition 2.2 set forth in City Council Resolution 09-6654 to read as follows, and all
other Conditions set forth in Resolution 09-6654 shall remain in full force and effect:
2.2 Hours of live entertainment shall be limited to 7:00 p.m. to 12:30 a.m. the
following morning on Thursday, Friday, and Saturday nights, Cinco de Mayo, St.
Patrick's Day, New Year's Eve, Halloween, Thanksgiving Eve, Christmas Eve, and
all State and Federal holidays, and 7:00 a.m. to 11:00 p.m. Sunday through
Wednesday nights.
5
10-6709
2
3
4
5
6
7
8
9
10
11
12
13
14
16
7
18
19
20
21
22
23
24
25
26
27
28
SECTION 10. Pursuant to the Code of Civil Procedure Section 1094.6, any legal
challenge to the final decision of the City on this application must be made within 90 days after
the final decision by the City Council.
PASSED, APPROVED and ADOPTED this 22nd day of June 2010.
•
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS
City Clerk City Attorney
FORM:
6
10-6709
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.10-6709 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 June 22, 2010.
The vote was as follows
AYES: Bobko, Fishman, Mayor DiVirgilio
NOES: Duclos, Tucker
ABSTAIN: None
ABSENT: None
Dated: July 13, 2010