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Home My WebLink About2012-12-05 PC AGENDA 1 AGENDA PLANNING COMMISSION MEETING CITY OF HERMOSA BEACH CITY HALL COUNCIL CHAMBERS 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 December 5, 2012 7:00 P.M. Ron Pizer, Chairman Peter Hoffman, Vice Chairman Kent Allen Michael Flaherty Sam Perrotti Note: No Smoking Is Allowed in the City Hall Council Chambers THE PUBLIC COMMENT IS LIMITED TO THREE MINUTES PER SPEAKER Planning Commission agendas and staff reports are available for review on the City’s web site at www.hermosabch.org. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the Community Development Department during normal business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. and on the City’s website. Final determinations of the Planning Commission may be appealed to the City Council within 10 days of the next regular City Council meeting date. If the 10th day falls on a Friday or City holiday, the appeal deadline is extended to the next City business day. Appeals shall be in written form and filed with the City Clerk's office, accompanied by an appeal fee. The City Clerk will set the appeal for public hearing before the City of Hermosa Beach City Council at the earliest date possible. If you challenge any City of Hermosa Beach decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in a written correspondence delivered to the Planning Commission at, or prior to, the public hearing. To comply with the Americans with Disabilities Act (ADA) of 1990, Assistive Listening Devices will be available for check out at the meeting. If you need special assistance to participate in this meeting, please call or submit your request in writing to the Community Development Department at (310) 318-0242 at least 48 hours (two working days) prior to the meeting time to inform us of your needs and to determine if/how accommodation is feasible. 2 1. Pledge of Allegiance 2. Roll Call 3. Oral / Written Communications Anyone wishing to address the Commission regarding a matter not related to a public hearing on the agenda may do so at this time. Section 1 Consent Calendar 4. Approval of the November 20, 2012 Action Minutes 5. Resolution(s) for Consideration - None THE RECOMMENDATIONS NOTED BELOW ARE FROM THE PLANNING STAFF AND ARE RECOMMENDATIONS ONLY. THE FINAL DECISION ON EACH ITEM RESTS WITH THE PLANNING COMMISSION. PLEASE DO NOT ASSUME THAT THE STAFF RECOMMENDATION WILL BE THE ACTION OF THE PLANNING COMMISSION. Section II Public Hearing 6. CUP 12-10 -- Consideration of modification or revocation of a Conditional Use Permit to allow on-sale general alcohol, outside dining and live entertainment in conjunction with a restaurant at 1238 Hermosa Avenue, Café Boogaloo. Staff Recommended Action: To direct staff to return with a resolution to modify Conditional Use Permit. Section III Hearing 7. Review of Draft “Living Streets” Policy for Hermosa Beach (continued from the October 16, and November 20, 2012 meetings). Staff Recommended Action: To review and by minute order make recommendations to the City Council regarding adoption of the “Living Streets” Policy. Section IV 8. Staff Items a. City Council consideration of a New Year’s Eve exception for restaurants with on-sale alcohol that have Conditional Use Permit specified closing times of midnight or earlier to stay open until 12:30 a.m. 3 b. Report on City Council actions. c. Tentative future Planning Commission agenda. d. Community Development Department activity report of October, 2012. 9. Commissioner Items 10. Adjournment 1 Planning Commission Action Minutes November 20, 2012 ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON NOVEMBER 20, 2012, 7:00 P.M., AT THE CITY HALL COUNCIL CHAMBERS All public testimony and the deliberations of the Planning Commission can be viewed on the City’s web site at www.hermosabch.org, On-Demand Video of City Meetings The meeting was called to order at 7:04 P.M. by Chairman Pizor. 1. Pledge of Allegiance 2. Roll Call Present: Commissioner Allen, Flaherty, Hoffman, Perrotti, Chairman Pizer Absent: None Also Present: Ken Robertson, Community Development Director Christi Hogin, Assistant City Attorney Pamela Townsend, Senior Planner Eva Choi, Assistant Planner 3. Oral / Written Communications Anyone wishing to address the Commission regarding a matter not related to a public hearing on the agenda may do so at this time. Section I CONSENT CALENDAR 4. Approval of the October 16, 2012 action minutes ACTION: To approve the above minutes as presented. MOTION by Commissioner Perrotti, seconded by Commissioner Hoffman. The motion carried by a unanimous vote. 5. Resolution(s) for Consideration - None Section II Hearings 6. S-21 #5 -- Slope determination to determine if the property is a convex sloping lot and whether to interpolate from intermediate points on the top of the slope and points adjacent to the top of the retaining wall along Hermosa Avenue as the basis for calculating building height at 2434 Hermosa Avenue. Staff Recommended Action: To direct staff as deemed appropriate. 2 Planning Commission Action Minutes November 20, 2012 ACTION: To approve, by minute order, option No. 2 using top of the retaining wall elevations for building height calculations. MOTION by Commissioner Hoffman, seconded by Commissioner Perrotti. The motion carried by the following vote: AYES: Comms. Allen, Flaherty, Hoffman, Perrotti, Chmn. Pizer NOES: None ABSTAIN: None ABSENT: None 7. S-21 #6 -- Slope determination to determine if the property is a convex sloping lot and whether to interpolate from intermediate points on the top of the slope and points adjacent to the top of the retaining wall along Hermosa Avenue as the basis for calculating building height at 2440 Hermosa Avenue. Staff Recommended Action: To direct staff as deemed appropriate. ACTION: To approve, by minute order, option No. 2 using top of the retaining wall elevations for building height calculations. MOTION by Commissioner Flaherty, seconded by Commissioner Perrotti. The motion carried by the following vote: AYES: Comms. Allen, Flaherty, Hoffman, Perrotti, Chmn. Pizer NOES: None ABSTAIN: None ABSENT: None 8. Four month review and report on progress on compliance of the Conditional Use Permit at 1000 Pacific Coast Highway, Hermosa Beach Car Wash. Staff Recommended Action: To receive and file. ACTION: The Planning Commission consensus was to receive and file the subject matter. 9. Review of Draft “Living Streets” Policy for Hermosa Beach (continued from the October 16, 2012 meeting). Staff Recommended Action: To review and by minute order make recommendations to the City Council regarding adoption of the “Living Streets” Policy. ACTION: The Planning Commission consensus was to continue this matter to December 5, 2012 meeting for language clean up. 10. TEXT 12-4 -- Options for regulating mobile food vendors on the public right-of-way, at parks and public facilities, and on private commercial and nonresidential sites (continued from the October 16, 2012 meeting). Staff Recommended Action: To direct staff to schedule a public hearing and return with an amendment to the Municipal Code regulating mobile food vendors on the public right-of- 3 Planning Commission Action Minutes November 20, 2012 way (streets), at public property and facilities, and on private commercial and nonresidential sites. ACTION: To schedule a public hearing for Text Amendment for regulating mobile food vendors on the public right-of-way (streets), at public property and facilities, and on private commercial and nonresidential sites. MOTION by Commissioner Perrotti, seconded by Commissioner Hoffman. The motion carried by a unanimous vote. 11. TEXT 12-5 -- Options for regulating temporary activities/events in conjunction with commercial and nonresidential uses. Staff Recommended Action: To review and provide direction concerning a framework and possible text amendment for regulating special events in connection with commercial and nonresidential uses on private property. ACTION: The Planning Commission consensus was to schedule a public hearing for Text Amendment for regulating special events in connection with commercial and nonresidential uses on private property. Section III 12. Staff Items a. Report on City Council actions. b. Tentative future Planning Commission agenda. c. Community Development Department activity report of September, 2012. 13. Commissioner Items 14. Adjournment The meeting was formally adjourned at 9:38 P.M. CERTIFICATION I hereby certify the foregoing Minutes are a true and complete record of the action taken by the Planning Commission of Hermosa Beach at the regularly scheduled meeting of November 20, 2012. Ron Pizer, Chairman Ken Robertson, Secretary Date RU Peter J. Howell Direct Dial: (714) 662-4661 E-mail: phowell@rutan.com RUTAN & TUCKER, LLP December 3, 2012 VIA MESSENGER AND EMAIL Planning Commissioners City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Re: December 5, 2012 Meeting, Agenda Item No. 6 -- Consideration of Modification of Cafe Boogaloo CUP Dear Chair and Members of the Planning Commission: The purpose of this letter is to address the issues raised by City staff in connection with its review of Cafe Boogaloo's conditional use permit ("CUP"), and explain why any significant modification to the existing CUP—including but not limited to a reduction in current operating hours—is unnecessary and would be improper. As discussed below, Cafe Boogaloo ("Cafe Boogaloo" or the "Restaurant") and its owner, Gary Alonso, have already taken a number of steps to address the concerns that triggered this review, and these steps have been demonstrated to be effective over the past 6 months. Nonetheless, the Restaurant is committed to further improvement, and has no objection to incorporating the majority of the new conditions proposed in the November 28, 2012 Staff Report ("Staff Report") into the CUP. Cafe Boogaloo, located at 1238 Hermosa Avenue, is a restaurant and bar that was founded in the City in 1995 and features Cajun influenced food, along with Blues and other live music. As such, it provides a valuable culinary and musical contribution to the City's entertainment options that is attractive to both the City's residents and visitors. In addition, the Restaurant contributes to the community in numerous other ways including as a taxpayer and as an employer with 25 employees. Cafe Boogaloo's current owner is Gary Alonso, who has owned and operated the Restaurant since 2009. Since August 2011, Mr. Alonso has also owned and operated Game Changers, which is located next door to Cafe Boogaloo, but which operates separately and under its own CUP. A. Cafe Boogaloo Has Already Implemented Effective Measures to Address the City's Concerns Over the six month period between December 2011 and May 2012, the Restaurant had several incidents necessitating police involvement (hereinafter, the "Incidents"). In retrospect, Mr. Alonso believes he did not fully appreciate the increase in such Incidents and did not take 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 I 714.641.5100 I Fax 714.546.9035 Orange County I Palo Alto I www.rutan.com 2091/030472-0001 4703756.2 a12/03/12 RUTAN ATTORNEYS AT LAW Planning Commissioners December 3, 2012 Page 2 action as quickly as he should have. Accordingly, he is grateful to the City for helping to bring the matter to his full attention. Upon realizing that the Restaurant was not being proactive enough in preventing such Incidents, however, Mr. Alonso began to implement a number of changes at the Restaurant to improve security and minimize the likelihood of similar incidents in the future. Among the steps that the Restaurant took were the following: • Beginning in early June 2012, Restaurant staff have been given additional training, with an emphasis in avoiding problems before they arise. Such training has included both additional training for servers (focusing on avoiding over- service) and additional training for security staff.' • The Restaurant began closing its doors to the general public at 1 a.m., instead of 1:45 a.m., so that individuals cannot enter the Restaurant after leaving other restaurants or bars that close at 1 a.m. • The Restaurant began strictly enforcing its dress code, which bans, among other things, excessively bagging attire, sports jerseys (except during specified sporting events), bandanas, and long coats.2 • The Restaurant revised its security procedures so that each member of the security staff is responsible for a particular area of the Restaurant and for performing specific duties. Updated security procedures are now set forth in detail in a training manual that was completed in October and is provided to all security personnel. A copy of the Restaurant's new security training manual is attached as Exhibit A. • At the beginning of October 2012, the Restaurant significantly increased its nighttime security staff from 5 to 8 employees. Three security personnel are now assigned to the area outside the Restaurant, including one who is assigned to the adjacent parking lot.3 This training is in addition to Licensee Education on Alcohol and Drugs (L.E.A.D.) training provided by the California Department of Alcoholic Beverage Control, which the Restaurant requires all of its employees complete. 2 The full dress code is set forth on page 6 of the Restaurant's new security training manual, attached to this letter as Exhibit A. 3 It should be noted that the parking lot next to the Restaurant is not for the Restaurant, but for Game Changers. Nonetheless, in order to ensure the security of that area, a Restaurant security staff person has been assigned to that parking lot since October. 2091/030472-0001 4703756.2 a12/03/12 RUTAN ATTORNEYS AT LAW Planning Commissioners December 3, 2012 Page 3 • The Restaurant's new policies and procedures are emphasized at weekly staff meetings and pre-shift meetings. Staff is thus continually reminded of the Restaurant's new policies and procedures, as well as the fact that management has zero tolerance for deviation from these policies. These measures proved to be effective almost immediately. In fact, over the summer— its busiest time of the year—the Restaurant did not have a single Incident. Moreover, while there was a single incident in September, since the Restaurant increased its security staff at the beginning of October, there have been no additional Incidents. In short, there is no evidence of an ongoing security or public safety problem at the Restaurant. All but one of the Incidents discussed in the Staff Report occurred more than 6 months ago, before all of the above changes were made." Moreover, the Restaurant has not stopped trying to improve its security. Effective December 3, 2012, the Restaurant is contracting with Allied Barton Security Services ("Allied") to improve and supplement their in-house security staff. s Among other things, Allied will provide some of the security staff at the Restaurant, including the persons responsible for securing the parking lot and area outside of the Restaurant. Those persons will be on duty until 30 minutes after the Restaurant closes to ensure that the building is properly secured and that no one loiters outside after closing. The Restaurant believes adding Allied's experience and expertise will make its security even better. B. The Incidents Do Not Reflect a Lack of Security or Management Issues As discussed above, Mr. Alonso takes the City's concerns about security very seriously, and, indeed, shares such concerns. Nonetheless, it is also important not to exaggerate the nature of the Incidents that occurred before the measures described above were implemented. In this regard, it should be noted that none of the Incidents attributed to the Restaurant involved a person bringing a weapon into the Restaurant or any criminal behavior by Restaurant staff Further, several of the nine alleged Incidents counted against the Restaurant involved situations that clearly cannot be reasonably attributed to any conduct or failure on the part of the Restaurant.6 4 The Staff Report incorrectly indicates there were 6 Incidents between January and June 2012. In fact, the exhibits attached thereto indicate only 5 occurred during that period, with only one further Incident occurring since that time (on September 23, 2012). (Staff Report, p. 28-39.) 5 The resume of David A. Taneman, the specific Allied Operations Manager with whom the Restaurant is working is attached hereto as Exhibit B. As indicated therein, Mr. Taneman has more than 25 years experience in law enforcement, including more than 20 years in the City of Redondo Beach. 6 During the October 16, 2012 Planning Commission, a suggestion was made by one of the 2091/030472-0001 4703756.2 a12/03/12 RUTAN ATTORNEYS AT LAW Planning Commissioners December 3, 2012 Page 4 For example, the April 25, 2012 incident did not occur within the Restaurant or involve any of its patrons. Rather, it concerned an altercation that started inside another establishment (located down the street from Cafe Boogaloo) and continued in the street after the individuals involved were removed from that establishment. The only involvement by the Restaurant was the fact that its security staff intervened to break up the altercation, since it occurred in front of them. 7 Similarly, the March 24, 2012 Incident involved a situation where an individual who had previously been banned from the Restaurant became aggressive after being refused entry on the night in question. The Restaurant then called police, who eventually arrested the individual for public intoxication. Counting this type of Incident against the Restaurant would thus penalize the Restaurant for doing exactly what it should be doing, i.e. refusing to admit known troublemakers and/or intoxicated individuals, and calling the police when those persons create a disturbance. Several of the other Incidents can be similarly explained.8 Ultimately, however, the Restaurant believes that, rather than quibble about the details of past Incidents, it is far more constructive to focus on what can be done to prevent these types of incidents from occurring in the future. As discussed above, the measures already taken by the Restaurant have proven to be very effective. Mr. Alonso is onsite at the Restaurant during all busy times, including Thursday through Sunday nights, until closing, and is personally committed to making sure these measures continue to be effectively implemented. Moreover, the Restaurant is committed to continuing to improve its security and to working with the City to do so. For example, the Restaurant believes that the security of the Game Changers' parking lot could be further improved by fencing it off, and Mr. Alonso intends to work with the City to get the approvals necessary to take that step. Commissioners that there might numerous other incidents that the City does not know about. The evidence does not bear that out. To the contrary, while most of the police reports relating to the Incidents are vague with regard to who contacted the police, the majority of the incidents appear to have been reported by Restaurant staff. (See, e.g., Police Report 12-897, p. 2 [indicating a Restaurant employee approached police and requested they take a report about the March 25, 2012 incident].) 7 Mr. Alonso, who will be available to testify and answer any of the Commission's questions at the December 5, 2012 public hearing, witnessed this incident, and later spoke to the owner of the other business (The Shore) regarding it. Likewise, the police report accurately reflects that "On arrival [the responding officer] observed the staff of Cafe Boogaloo separating several individuals involved in the fight. All parties walked away in different directions and no further action was needed." (Staff Report, p. 34.) 8 Indeed, a review of the police reports related to the Incidents shows that a number of the Incidents occurred outside of the Restaurant, and do not appear to have involved Cafe Boogaloo patrons. 2091/030472-0001 4703756,2 a12/03/12 RUTAR ATTORNEYS AT LAW Planning Commissioners December 3, 2012 Page 5 C. The Planning Commission Cannot Make the Findings Necessary to Drastically Modify The Restaurant's CUP. City Staff has compiled a list of 21 separate new conditions for the Planning Commission to consider incorporating into the Restaurant's CUP. While the Restaurant has no problem with a majority of the proposed conditions, others—including the proposed reduction in hours of operation—would severely hurt the Restaurant and could effectively drive it out of business. This is not hyperbole. Like most restaurants and bars, the Restaurant operates on narrow profit margins. Moreover, one of the Restaurant's busiest times on weekends and in the summer is from about 10:30 until closing. In fact, the Restaurant generates approximately 25-30% of its total revenue during those final two hours. Thus, while a two hour reduction in its operating hours might not seem to be that significant from the outside, those two hours are the difference between making money and losing money, and, ultimately, the difference between staying in business and shutting down. "Where a permit has been properly obtained and in reliance thereon, the permittee has incurred material expense, he acquires a vested property right to the protection of which he is entitled." (Goat Hill Tavern v. City of Costa Mesa (1992) 6 Cal.App.4th 1519, 1530 [overturning City's denial of CUP renewal to tavern that had had 19 police incidents in a 90 day period]; Malibu Mts. Rec. v. County of L.A. (1998) 67 Cal. App. 4th 359, 368 ["the grant of a CUP with subsequent reliance by the permittee creates a fundamental vested right that subjects a revocation to judicial review under the independent judgment test"].) Accordingly, unlike a decision to deny or approve a permit in the first place, local agencies are substantially limited in their power to revoke or modify a permit for an ongoing business. (Goat Hill Tavern, supra, 6 Cal.App.4th 1519, 1530. ["Once a use permit has been properly issued, the power of a municipality to revoke it is limited."].) Indeed, when a local agency chooses to revoke or modify a permit for a vested use, a reviewing court will apply heightened scrutiny to the evidence both supporting and refuting the action. (Id.) Further, the basic concept of "reasonableness" must guide any local agency decision affecting a vested property right. A vested right cannot be revoked unless the City proves that the permittee failed to comply with "reasonable terms or conditions expressed in the permit granted . . . or there is a compelling public necessity." (Id. [emphasis added].) Notably, a "compelling public necessity warranting the revocation of a use permit for a lawful business may exist if the conduct of a business as a matter of fact constitutes a nuisance and the permittee refuses to comply with reasonable conditions to abate the nuisance." (Bauer v. City of San Diego (1999) 75 Cal.App.4th 1281, 1295, emph. added [quoting Korean American Legal Advocacy Foundation v. City of Los Angeles (1994) 23 Cal.App. 4th at pp. 391-392, fn. 5].) 2091/030472-0001 4703756.2 a12/03/12 RUTAN ATTORNEYS AT LAW Planning Commissioners December 3, 2012 Page 6 The City's own Municipal Code requires that similar findings be made before a permit can be revoked or modified, e.g., that the use is "detrimental to the public health or safety" or "consititute[s] a nuisance." (See Hermosa Beach Municipal Code § 17.70.010.) Here, there is no evidence that the Restaurant "refuses to comply" with the terms of its permit or to address the City's concerns about public safety. To the contrary, as described above, the Restaurant has already taken a number of substantive measures to address the City's concerns. Moreover, as the very significant drop in Incidents over the past 6 months demonstrates, the Restaurant's measures have been successful. Accordingly, the Planning Commission cannot logically find that modifying the Restaurant's CUP is necessary to abate an ongoing nuisance or protect public health or safety. Again, only one of the 9 Incidents that triggered this review occurred in the past six months, and no incidents have occurred since the Restaurant fully implemented such measures, including by increasing its security staff. This fact is of particular legal significance, because revoking a permit for an ongoing business (or imposing restrictions that would have the same effect) is permissible only where there are no other means of obtaining compliance with the permit conditions: "[I]n order to justify the interference with the constitutional right to carry on a lawful business it must be clear the public interests require such interference and that the means employed are reasonably necessary to accomplish the purpose and are not unduly oppressive on individuals." . . . [Permit revocation is] a very harsh remedy which requires the strictest adherence to principles of due process. Whenever alternate remedies can achieve the same goal, such as the imposition of additional conditions or controls, these avenues ought to be pursued if feasible. (Bauer, supra, at 1294-1295 [quoting, Korean American, supra, at 392-393.) Thus, even if the Planning Commission can make the findings necessary to modify a CUP, it does not have unfettered discretion to impose new restrictions on the CUP. Rather, new restrictions must be tailored to address an existing problem. Here, the fact that "alternate remedies" exist to achieve the goal of minimizing the number of Incidents in the future is demonstrated by the fact that the Restaurant has already implemented those remedies, with extremely effective results. Moreover, many of the measures proposed by the City are unreasonable, as they could effectively drive the Restaurant out of business. As indicated above, the proposed reduction in hours is the most problematic, as it would effectively put the Restaurant out of business by taking away approximately 25-30% of its 2091/030472-0001 4703756.2 a12/03/12 RUTAN ATTORNEYS AT LAW, Planning Commissioners December 3, 2012 Page 7 revenue and preventing it from operating at a profit.9 While the impact of some of the other proposed measures is less direct, they would similarly significantly hurt the Restaurant's business by preventing the Restaurant from continuing to offer some of the features that currently help to bring its customers in. These include the proposed restrictions on live entertainment, dancing, and the number of TVs in the Restaurant. All of these features are permissible or expressly allowed under the Restaurant's current CUP, and there is no evidence that any of them contributed to any of the Incidents. Accordingly, these proposed new restrictions appear to be arbitrary.'° While the Restaurant believes that it has already taken effective measures to address the City's concerns, the Restaurant does not object to the following 13 conditions proposed in the Staff Report: A, D, E, G, H, I, N, 0, P, Q, R, S, or U. Accordingly, we propose that the CUP be modified to include those conditions at this time. Particularly given the apparent success of the measures already implemented by the Restaurant, there is no basis for taking any more drastic measures at this time. D. Other Issues The only concern raised by the City during the October 16, 2012 Planning Commission hearing was the number of Incidents. Nonetheless, the City's November 28, 2012 staff report raises a number of other claimed violations of the Restaurant's CUP, ABC license, and/or the City's Municipal Code. While the Restaurant has had very little time to respond to such allegations, it is committed to addressing any such violations, including by taking the following steps: • In order to ensure it complies with the 50/50 rule regarding alcohol sales, the Restaurant recently hired a new executive chef, who is in the process of developing a new menu that the Restaurant believes will significantly increase food sales." As part of this effort, the Restaurant has already rolled out a new 9 We are familiar with only one other instance in which the Planning Commission has taken the drastic step of reducing an establishment's nighttime hours. In that instance, the City did so only after 118 documented calls for police service over a 16 month period. (See Exhibit C, Planning Commission Resolution No. 08-6617 [related to Blue 32], p. 2.) Obviously, that situation is not comparable to the one at hand, and even there, the Planning Commission did not impose all of the conditions now proposed by Staff, e.g., the stringent restrictions on live entertainment. (See Exhibit C.) 19 In fact, the TVs are generally turned off by 10:30 or 11:00 p.m., and thus, could not have factored in any of the Incidents that occurred after that time. 11 The resume of the Restaurant's new executive chef is attached hereto as Exhibit D. 2091/030472-0001 4703756.2 a12/03/12 RUTAN ATTORNEYS AT LAW Planning Commissioners December 3, 2012 Page 8 happy hour menu that is served from 2-7 p.m.12 In addition, the Restaurant will leave its kitchen open until one hour before closing (1:00 a.m.), instead of shutting it down at 11:00 p.m. The Restaurant has no objection to submitting summaries of gross food and alcohol sales to the City on a quarterly basis to confirm its compliance with the 50-50 rule. • The Restaurant will submit an updated floor plan to the City for approval and shall apply for an updated Occupant Load calculation. • The Restaurant has removed the items that City staff determined were interfering with parking, and will ensure that the two parking spaces located adjacent to the rear door are available for parking. • The Restaurant will ensure that floor mats are not washed in the parking area. • The Restaurant will work with the City to address any other violations that the City staff believes exist at the site. E. Conclusion The Restaurant appreciates all of the concerns raised in the Staff Report and is committed to working with the City to resolve all such issues. In fact, as discussed above, the Restaurant has already taken numerous actions to effectively address the concerns raised by the City, and is willing to agree to a majority of the conditions proposed by City Staff The Restaurant has been an important part of the community for more than 15 years, and hopes to remain so for the foreseeable future. Accordingly, the Restaurant urges the Planning Commission not to place any restrictions on its CUP that would significantly impede its ability to continue its business. Sincerely, RUTAN & TUCKER, LLP Peter J. Howell PJH Attachments 12 A copy of the Restaurant's new happy hour menu is attached hereto as Exhibit E. 2091/030472-0001 4703756.2 a12/03/12 RUTAN ATTORNEYS AT LAW Planning Commissioners December 3, 2012 Page 9 cc: Pamela Townsend, Senior Planner, City of Hermosa Beach Gary Alonso Joel Kuperberg, Esq. 2091/030472-0001 4703756.2 a12/03/12 EXHIBIT 'A" The Boogaloo Way Training Manual - ON THE DOOR & FLOOR- Congratulations on your exciting new journey on the Door & Floor Team at Café Boogaloo. Becoming a member of our door & floor crew is your first step towards learning the ins and the outs of the restaurant and bar industry. This is a highly desired work environment, so take pride in the skills you are about to learn. You should approach your training regiment with a ready and willing mindset, and prepare yourself for success. To FEEL great, is to LOOK great, is to WO v great. ON THE DOOR - Inside Capacity 138 for Café Boogaloo - Inside Capacity 157 for Game Changers - No underage allowed after 10pm for Café Boogaloo and never allowed for Game Changers at any time. 1 Start a line- always be checking ids with proper greetings - 2 The proper Use of the Motorola VL-50 headset is mandatory— it works all around the pier-all must wear them - and learn the codes for distress calls. - 3 Attached is a job description of what is expected of you every shift you work-if you have any questions let me know asap - 4 When we all keep our eyes and ears open to customer body language and / or complaints of unruly behavior we tend to put out the fire before it begins therefore —we tend to have a fun evening- - 5 You need to call a MCLI 1.3r any custom cliers who we deem have reached their limit. It will be up to MG t1 escort ( lut patron, rorTo.rdless of ti e - We need to keep the fire lanes / sidewalks cleared as long as we are open at all times, when experiencing an inflow of customers - We are in no way authorized to touch the customer at any time. - You must use a flasT all LlirTLit long- - This will help you do your job - and will save your voice - CAFÉ BOC3ALOO DOOR HOSTS POSITION DESCRIPTIONS - THE USE ^F COLOR C.ZJDES AND DH# IS KEY! - All cell phone users and smoking people need to be directed - To go to the smoking cell phone area outside - In back of the building in the cordoned off area. = NEE] ThX nEu. SFONSE OhKaNGE= ALERT NEED HELP BLUE = NEED A MANAGER ASAP YELLOW = SPILL ON FLOon. EEL HELP A 2i? - So if you're DH4 your call for a manager would be your DH# ONLY and the color— SO your call for a manager is... BLUE 4 DH1 Docri. HOST 1 You are responsible for the sidewalk ranging from the crosswalk on Hermosa Ave to the front door of Café Boogaloo. You are to keep the sidewalk aisle cleared for pedestrians to walk by and the customers in line need to be standing aisle next to the wall. You will do this all night until 30 minutes after we close. We don't want any loitering occurring around our building at all. DH2 DOOR HC).,'T 2 You are responsible for the sidewalk ranging from the front door of Café Boogaloo to the parking lot fence. You are to keep the sidewalk aisle cleared for pedestrians to walk by. We don't want anyone standing against the fence n smoking. You will do this all night until 30 minutes after we close. We don't want any loitering occurring around our building / parking lot at all. DH3 HOST 3 (front dOOL ) You are responsible for keeping order of the front line - You are responsible for keeping capacity of the building at all times. You are responsible for enforcing the dress code all day/night- - Keep capacity in mind, no more than 10 new customers in at a time. - Make sure that customers trying to exit by Front Door are allowed right of way to exit before you are to let in any new customers! - You will do this all night until 30 minutes after we close. We don't want any loitering occurring around our building / parking lot at all. .)H4 173t01,1 X-FOS`12 4(base oi's'age) You need to have a flashlight with you at all times— your job is to keep all fire lanes cleared of all customers. You are responsible for the shaded area. You must read all body languages and interact with the customers near you. You will do this all night until we close. Then once the building is emptied of patrons, we will need to reset up the dining room floor DH5 DO•R HOST 5 Server Station 1 You need to have a flashlight with you at all times— your number one job is to keep all fire lanes cleared of all customers that are not ordering drinks from the bar. You are responsible in not allowing people to block the server entry way. You need to keep the bar area aisles clear at all times, the shaded area represents your area of responsibility. You must able to read all body languages and interact with the customers near you. You will do this all night until we close. Then once the building is emptied of patrons, we will need to reset up the dining room floor H6 DOOR HOST 6 (base of stage) Server Station 2 You need to have a flashlight with you at all times— your number one job is to keep all fire lanes cleared of all customers that are not ordering drinks from the bar. You are responsible in not allowing people to block the server entry way. You need to keep the bar area aisles clear at all times, the shaded area represents your area of responsibility. You must able to read all body languages and interact with the customers near you. You will do this all night until we close. Then once the building is emptied of patrons, we will need to reset up the dining room floor. DHZ DOOR-HOST 7 -- (RestrOom Monitor - 2 and 2 rule for all patrons, 2 people in per restroom at a time. Line starts in the hallway for men and women. Check in on restroom cleanliness it is your job to keep it clean. Keep hallway door closed and let DH8 know that he needs to monitor opening and closing hallway door for smokers cell phone use. You will do this all night until we close. Then once the building is emptied of patrons, we will need to reset up the dining room floor. DH8 DOOR HOST 8 –( Smoking Monitor) Max 20 people smoking outside or cell phone us. You are to sweep up cigarette butts as well all night long. Keep furniture free of debris. No drinking outside. Keep hallway door closed and you need to monitor opening and closing of hallway door for smokers / cell phone use. - Keep parking lot under supervision. We don't want any loitering - Occurring in the parking lot at all. - GAME CHANGERS DCOR 1;OSTS 33ITION DESCRIPTIONS - i.HE USE JF COLOR CODES AND DII# IS KEY! - All cell phone users and smoking people need to be directed - To go to the smoking cell phone area outside In back of the building in the cordoned off area. flop NEED ALL-DR.ESPO.NSE ORANGE = ILERT NEED KELP UE = 1\IEED A MANAGER ASAP YELLOW = SPILL ON FLOOR NEED HELP ASAP - So if you're DH4 your call for a manager would be your DH# ONLY and the color- SO your call for a manager is... BLUE 4 DH1 DOOR HOST 1 - You are responsible for the sidewalk ranging from the JEWELRY STORE - on Hermosa Ave to the front door of Café Boogaloo. You are to keep the sidewalk aisle cleared for pedestrians to walk by and the customers in line need to be standing in an aisle next to the wall. You will do this all night until 30 minutes after we close. We don't want any loitering occurring around our building at all. DH2 DOOR HOST 2 (front door) - You are responsible for keeping order of the front line - You are responsible for keeping capacity of the building at all times. - You are responsible for enforcing the dress code all day/night- - Keep capacity in mind, no more than 10 new customers in at a time. - Make sure that customers trying to exit by Front Door are allowed right of way to exit before you are to let in any new customers! - You will do this all night until 30 minutes after we close. We don't want any loitering occurring around our building / parking lot at all. DH3 DOOR HOST 3(pool table sides) - You need to have a flashlight with you at all times— your job is to keep all fire lanes cleared of all customers. You are responsible for the shaded area. You must read all body languages and interact with the customers near you. You will do this all night until we close. Then once the building is emptied of patrons, we will need to reset up the dining room floor. - DH4 DOOR HOST 4 -- ( Restroom Monitor) - - 2 and 2 rule for all patrons, 2 people in per restroom at a time. Line starts in the hallway for men and women. Check in on restroom cleanliness it is your job to keep it clean. You will do this all night until we close. Then once the building is emptied of patrons, we will need to reset up the dining room floor. CAFÉ BOOGALOG & GAME CHAN GERS DRESS CODE 2013 WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE! No excessively baggy attire - No dirty, disheveled, or ripped clothing - No muscle/gym type attire - No athletic/warm-up/sweat pants - No ripped cotton tank tops/undershirts - No chains on wallets - No bare feet - No overalls - No sports jerseys unless there is a specified sporting event - No bandanas - No long coats - No tank tops or sleeveless t-shirts - No skateboards - No rollerblades or skates * All backpacks and purses are subject to search - * All entering persons who look under 30yrs old must have photo ID ABC F-L-A-G System: Tr.:hniques ft. r Coc Fait Tffort If a patron looks under 30 years old, say "I will need to see your I.D., please. Could you remove it from your wallet?" Then check the I.D. using the F-L-A-G System: F = Feel • Lumps and Bumps — Feel for information cut out or pasted on, especially near the photo and birth date. Minors will alter an I.D. by placing their own photo over the picture and laminating the whole card. Do not accept I.D. cards with unofficial laminations or obviously altered I.D. cards. • Layers — Real California magnetic stripe La's are made in three layers. The three layers are bonded with heat so they won't come apart without destroying the card. Insert your fingernail or sharp object into a corner of the card. If the layers separate, the card is fake and you should not accept it. • Swipe — Swipe the I.D. through a mag stripe reader, if you have one. It is a foolproof method to detect a counterfeit I.D. = Look • Laminate — Look at the laminate. There are four different official California DMV laminates now in use. • Alterations — Look for alterations at the birth date area. • Photograph — Minors can alter their hairstyles, eye makeup, and eye color. Therefore, focus on the person's nose and chin. These features do not change. For people with beards or mustaches, cover the beard or mustache and focus on the nose or ears. If the photo does not closely match the person, do not accept the I.D. • Height and Weight — If these do not reasonably match the person, do not accept the I.D. • Date of Birth — Do the math! If the person is not 21, do not sell. Legal age devices can be helpful. • Apparent Age — For you to have a successful defense, the patron must look like they could be 21 years old. If not, do not accept the I.D. no matter how good it looks. • Expiration Date — Do not accept expired I.D. cards. Note. Effective April 15, 1998, some California driver's licenses and I.D. cards will expire on a date other than a birthday. Others will expire on the birthday. • Typeface — Rea/California magnetic stripe I.D.'s have a computer-generated typeface. Counterfeits are done on a typewriter and may contain spelling or other errors. If you see this, do not accept the I.D. • Signature — A signature on a rea/California I.D. is smaller than normal size The signature on a counterfeit's normal size and signed in blue or black ink. If you see this, do not accept the I.D. n•n • What is your driver license number? Zip code? • What month were you born? If they respond with a number instead of the name of the month, they are probably lying. • Would you sign your name for me, please? • May I see another piece of I.D. with your name on it? Most people who carry a false I.D. do not carry any other form of I.D. G = Give Back • If the I.D. passes the feel, look, and ask tests, give it backto the patron and make the sale. If it does not, refuse the sale. Then, either give the I.D. back or seize it, depending on your company's policy. If you seize an I.D. here are some suggestions: 1. Issue a receipt to the person. 2. Attach a copy of the receipt to the I.D. 3. Keep the third copy of the receipt for your records, with notes about the situation. 4. Turn the I.D. over to your local police department or sheriff's office within 24 hours, as required by law. A = Ask Questions 3 FLOOR DUTIES Stars are awarded on a performance basis. You are only eligible to earn tips on a scheduled FLR shift. MD/AISLE shifts are your opportunity to earn a FLR shift. Your responsibilities include but are not limited to: - Making sure ALL tables are clean at ALL times. If there is an empty glass on the table, you should take it. If there is a used linen napkin on the table, you should take it. If there is an empty dish on the table, you should take it. Think of it as a treasure hunt. Find these items before your Swamp Ranger does, and you win. If your Swamp Ranger is identifying these items for you, you lose. - Keep your Aisles CLEAR! Your flashlight should ALWAYS, I repeat, ALWAYS above your head and enabling the flow of traffic as you move down the aisles. Be polite, and be persistent, and you will have an easier time keeping the aisles clear. - LOOK FOR SPILLS / BROKEN GLASS. At the first sign of a spill, immediately go to your nearest service station and get paper towel to clean it up. If there is broken glass, NEVER leave it unattended. Hoover above it, keeping patrons safe from the glass, and radio to a fellow employee for help. Use your code locations and color . - Check your bathrooms. As you do your rounds, you should incorporate a bathroom check into your routine every 10-15 minutes. This means actually going in, not just peaking in, and checking for cleanliness. You should also check garbage levels, and paper stock levels. Girls' rooms can be tough, just be respectful and inform the girls you are there to help them keep the restroom clean. SCENARIOS You find a customer that is causing problems that might escalate into a fight. o PROCEDURE: Code call to the Swamp Ranger immediately your position and code color red — they will make the decision as to what needs to be done. - You notice a customer that is showing signs of over intoxication such as swaying/falling over, being loud, or slurring his/her speech. o PROCEDURE: Code call to the Swamp Ranger immediately your position and code color red — they will make the decision as to what needs to be done. Stay and assist by helping keep aisles clear for customers smooth exit. A disturbance breaks out between 2 parties. o PROCEDURE: Code call to the Swamp Ranger immediately your position and code color red — they will make the decision as to what needs to be done. Stay and assist by helping keep aisles clear for customers smooth exit. o Walk them to a cab. Wait at least 10 minutes before you let the second group out. Inform them that it may not be safe for them and offer to walk them to their cars or to a cab. Before the individuals leave, it is very important that an incident report be filled out, complete with names, addresses, and phone numbers of all witnesses (including employees) and participants in the disturbance. (Use proper language in incident reports. The Swamp Ranger must be present when the incident report is being filled out.) Take a picture of the involved parties if possible. o Be aware at all times in order to stop potential disturbances before they start. • IMPORTANT NOT F,: • If someone gets hurt or is angry regarding something with the establishment and a police report is being filled out, make sure that the Swamp Ranger is notified and that Café Boogaloo or Game Changers gives its side of the story to the police. • We are responsible for all that happens inside and around our buildings. ten ZERO TOLERANCE =,1 r.r.• esignated Smoking Area Hallway . Emergency Exit DH6 rcc~rity Fence: W/pla 1;incl concaiSian approval. TO BE IN67;;41,LLEL1 AsiLw--) 12011 Open curity nce 'Security Cate Entrance 20 feet feet Parking Entrance Kitchen Main Entrance 20 feet Customer Line Hermosa Ave. _IIBIT "B" DAVID A. TANEMAN 6011 Andy Street ® Lakewood, CA 90713 ® T: 562.461.7793 ® C: 310.612.7142 ® E: tanman007@sbcglobal.net EXPERIENCED LAW ENFORCEMENT PROFESSIONAL Resourceful, accomplished, and dedicated law enforcement professional with over 25 years of progressively responsible experience in the public service sector. Strong qualifications in public safety, emergency response, investigations management, and asset protection. Well-developed leadership and analytical skills as evidenced by an innate ability to continuously improve law enforcement and corporate/agency security service operations. Reputation for strong work ethic and uncompromising devotion to community service. PROFESSIONAL PROFILE & KEY OFFERINGS ® Accomplished at developing and implementing successful law enforcement and security initiatives with a confident and seasoned approach. ® Well versed producing statistical reports for vulnerability assessment and countermeasure planning; authored update to policy and procedure manual. ® Passionate, hard-working, trust-worthy professional with outstanding communication and interpersonal relations skills; believes strongly in safety, quality and total satisfaction. ® Expertise in planning and executing complex programs and projects in conjunction with top management, thought leaders and key decision-makers. Works effectively and efficiently in demanding environments requiring a keen attention to detail and superior organization skills. Core Competencies: - Fraud Investigation - Project Management - Crisis Response & Emergency Preparedness - Background Investigations & Reporting - Regulatory Affairs & Compliance Issues - Communications & Public Relations PROFESSIONAL EXPERIENCE REDONDO BEACH POLICE DEPARTMENT, Redondo Beach, CA 1986 to 2012 Communications Manager (2009-2011) Selected by the organization to oversee daily communications activities, which involved extensive work in administration, finance and acquisitions as well as report writing. ® Recognized for exceptional leadership qualities, elected in 2008 to serve as the President of the Redondo Beach Police Officer's Association. ® Successfully served in numerous ancillary positions across the organization, including: Crisis Negotiations Team; Reserve Officers; Keep Safe, a program established to teach the elderly on identify theft prevention; primary liaison between police officer and peace officers on Cost Sharing; South Bay Platoon -Civil Unrest Squad and Peer Counselor. Police Sergeant (2007 to 2012) ® Promoted and given full autonomy over the activities of sworn Police Officers and civilian employees, 10 officers on the Crisis Negotiations Team, Reserve Officers' Training Corps, and eight Honor Guard Officers. ® Functioned as the Watch Commander in patrol, which involved commanding over the officers and the senior officer in the City. ® Voted as an intricate member of the California Crisis Negotiators Association and California Association of Hostage Negotiations. • Quickly advanced to the position of team leader in charge of various entities such as the Crisis Negotiations Team, South Bay Platoon, Reserve Officers and Honor Guard. Robbery Homicide Detective (2005 to 2007) ® Assigned the most challenging tasks of tracking and resolving cases and working on identity theft cases on the side. DAVE A. TANEMAN — PAGE 2 T: 562.461.7793 I C: 310.612.7142 a E: tanman007@sbcglobal.net -Continued- Narcotics Detective (1994 to 2004) ® Received promotion and served for 10 years as a Narcotics Detective, despite the typical five year tenure, due to stellar performance and superior knowledge displayed during service. Honored with the Meritorious Service Award for exemplary service. ® Pooled together the largest number of informants ever assembled, resolving the greatest number of cases. ® Built and nurtured key alliances with various agencies including: LAIMPACT, Hida and the DEA Mobile Enforcement Teams along with the Sherriff department's and Hawthorne's Legal Street Team. ® Collaborated with team of advisors assembled to conduct fraud investigations and execute search warrant writing. Recruited by outside agencies for expertise. ® Worked hundreds of Identity theft cases, involving research and colaberation with other investigators from banks, electronic media and other institues, wrote Court Orders and Search Warrants. Field Training Officer (1990 to 1994) ® Accepted lateral position in Redondo Beach, as Field Training Officer, accountable for training newly hired officers, both lateral entries and new hires, on the business of police work, from report writing, laws of arrest, tactics police calls including but not limited to in progress crimes, investigations and citizen assists. ® Enforced legal practices to make arrests, participated in courtroom testimonies and compiled the necessary elements for case review. ® Performed beach patrol and various other assignments to ensure public safety. ® 1989 Recipient of the highest award for law enforcement officers, The Medal of Valor. Auto Theft Investigator, LOS ANGELES INTERNATIONAL AIRPORT, Los Angeles, CA (1983-1986) ® Assigned to Auto Theft Investigations unit. Worked in tandem with airport security and LAPD to ensure asset security. Allied Barton Security Services (July 2012 to present) ® Hired as an Operations Manager for Allied Barton, a private security company, overseeing scheduling, payroll, employment and day to day activities of over thirty job sites throughout the South Bay. TEACHING EXPERIENCE Instructor, EL CAMINO COLLEGE, El Camino, CA (2005 to 2010) Recruited to develop and provide ongoing instructional training for existing officers on 4th amendment and search warrant writing. Highly chosen by San Jose and San Diego College to tailor courses specifically for their officers as well. EDUCATION & PROFESSIONAL DEVELOPMENT Bachelor of Science, Recreation, CAL-STATE UNIVERSITY NORTHRIDGE Basic Law Enforcement-Police Academy AFFILIATIONS President, Rondondo Beach Police Officers Association ® Member, APCO (this was a communication association) California Narcotics Officers Association (1994 to Present) ® Los Angeles Peace Officer Association (1986 to Present) International Fraud Investigators Association (2000 to 2004, 2012) ® Robery Investigators Association (2006 to 2007) EXHIBIT "C" RESOLUTION NO. 08-6617 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO MODIFY A CONDITIONAL USE 4 PERMIT FOR ON-SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING 5 RESTAURANT 1332 HERMOSA AVENUE, KNOWN AS "BLUE 32" 6 7 SECTION 1. The Planning Commission conducted a duly noticed public hearing to 8 consider the revocation or modification of the Conditional Use Permit governing the business at 9 1332 Hermosa Avenue, approved February 13, 1996 (City Council Resolution 96-5789) which to allows on-sale general alcohol and live entertainment in conjunction with an existing restaurant. 11 Said hearing was conducted pursuant to Section 17.70.010 of the Zoning Ordinance on May 20, 12 June 17 and July 15, 2008, at which testimony and evidence, both written and oral, was presented i3 to and considered by the Planning Commission. The staff reports and all attachments thereto 14 considered by the Planning Commission are incorporated herein by reference. 15 SECTION 2. Following the public hearing, on July 15, 2008 the Planning Commission 16 approved Resolution No. 08-31, modifying the Conditional Use Permit for on-sale general alcohol 17 and live entertainment in conjunction with an existing restaurant by imposing additional operating 18 conditions including (but not limited to): earlier closing hour of 12:00 midnight, operation 19 consistent with the State Department of Alcohol and Beverage Control "ABC" license, 20 consequence of suspension of Conditional Use Permit (with appeal right to council) if over- 21 crowding condition occurs, documentation of alcohol and food sales receipts to verify compliance 22 with the rule that a minimum of fifty (50) percent of the restaurant's total gross sales, computed 23 monthly, shall result from the sale of prepared food, clarification that live entertainment is 24 incidental to the restaurant use, and conditions to ensure that the use is operated as a restaurant 25 rather than a nightclub. 26 SECTION 3. On August 4, 2008 the owner of Blue 32, pursuant to Section 17.56.070 o f 27 the Municipal Code, filed an appeal of the Planning Commission's decision to modify the CUP. 28 08-66 (7 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 SECTION 4. The City Council conducted a duly noticed public hearing to consider the appeal of the decision of the Planning Commission on September 23, 2008, at which the record of the decision of the Planning Commission and additional testimony and evidence, both written and oral, was presented to and considered by the City Council. SECTION 5. Based on evidence received at the public hearing, the City Council hereby makes the following findings to modify the Conditional Use Permit, pursuant to section 17.70.010 of the Municipal Code: 1. The use for which the Conditional Use Peiniit was originally granted has been exercised as to be detrimental to the public health and safety. The subject business has been the subject of several calls for police services. Police records show that Blue 32 had received a total of 11-8 calls for service from January 1, 2007 through April 20 which resulted in police response. Of these calls for service, 64 or 54% occurred after midnight. Investigation of these calls by the Chief of Police and the evidence presented at the public hearing indicate that several public disturbances and other violations have and continue to occur due to poor management, staffing, and supervisory techniques that allow the business to function as a nightclub rather than a restaurant, contrary to the terms of the Conditional Use Permit (Conditions 1, 2), and contrary to what is required of any responsible operation of an establishment serving general alcohol under the license granted by the State Department of Alcoholic Beverage Control ("ABC"). Based on the high number of calls for police service after midnight and the corresponding analysis prepared by the Chief of Police, it is concluded that an earlier closing time (from 2:00 a.m. to 12:00 midnight) would substantially reduce the calls for police service and better protect public safety. This behavior has adversely affected the public welfare and the welfare of surrounding residential and commercial uses and has caused excessive noise and disturbances, which is also inconsistent with the requirements of the Conditional Use Permit. 2, The Conditional Use Permit is being exercised contrary to the terms of the conditions of approval and in violation of a dancing prohibition imposed by the Department o f Alcoholic Beverage Control ("ABC") pursuant to its Type 47 license. Section 3 of City Council Resolution 96-5789 states that the subject property shall be developed, maintained and operated in 2 08-66I7 full compliance with the conditions of the CUP and any law, statute, Ordinance, or other 2 regulation applicable to any development or activity on the subject property. Failure of the 3 peunittee to cease any development or activity not in full compliance shall be a violation of these 4 conditions. The Type 47 ABC license is a regulation applicable to the activity on the subject 5 property and failure to cease a violation of the license is a violation of Section 3 of Resolution 96- 6 5789 and grounds for modification of an existing CUP under H.B.M.C. section 17.70.010.D. 7 3. The Conditional Use Permit is being exercised contrary to the terms of the a conditions of approval. Section 3 of City Council Resolution 96-5789 states that the subject 9 property shall be developed, maintained and operated in full compliance with the conditions of the to CUP and any law, statute, Ordinance, or other regulation applicable to any development or activity rt on the subject property. Failure of the permittee to cease any development or activity not in full, 12 compliance shall be a violation of these conditions. Persons inside the business exceeded 126 13 persons and the business was found to be in violation of the maximum permitted occupant load on 14 July 3, 2005, December 4 and 17, 2005, June 19, 2006, October 20, 2007 and December 29, 2007, 15 in violation of Section 2501.16.3 of the Uniform Fire Code (over-crowding and admittance of 16 people beyond approved capacity of a place of assembly). The Fire Code is a regulation 17 applicable to the activity on the subject property and these continuing violations constitute a 18 violation of Section 3 of Resolution 96-5789 and grounds for modification of an existing CUP 19 under H.B.M.C. section 17.70.010.D. 20 SECTION 6. Based on the foregoing, and pursuant to Section 17.70.010 of the Zoning 21 Ordinance, the City Council hereby modifies the Conditions of Approval of the Conditional Use 22 Permit for on-sale alcohol and live entertainment, in conjunction with a restaurant for the property 23 at 1332 Hermosa Avenue, which supersedes the conditions contained in City Council Resolution 24 96-5789 as follows: 25 Permitted use: dining, alcohol, entertainment 26 1. The continued operation of the business shall be as a bona Me restaurant: the 27 kitchen shall be equipped to prepare food from its component ingredients whenever the restaurant 28 is open and it shall offer a full-service lunch and/or dinner menu; food service from the menu shall 3 08-6617 2 3 4 5 6 7 9 10 11 12 be available during all hours that the establishment is open for business, provided that said food service may cease one hour prior to close daily. 2. Alcohol may be served for on-premise consumption only and in a manner consistent with its license issued by the State Department of Alcoholic Beverage Control (ABC). 3. The permittee shall maintain a summary of gross receipts of food and alcohol indicating the percentage of each to the total on a monthly basis, to be audited and certified by a certified public accountant. The permittee shall submit said summaries to the Police Chie f monthly for the four month period following approval of this Conditional Use Permit and quarterly thereafter. The Police Chief reserves the right to request additional verification as needed to verify compliance with this Conditional Use Pei init. Failure to provide said quarterly reports on a regular basis shall result in a request by the City to the ABC to investigate the subject business's compliance with the alcohol license conditions. 13 4. Live entertainment incidental to food service is permitted, and the types permitted 14 shall be consistent with definition thereof in Section 17.04.050 of the Municipal Code and may 15 include live music, amplified (including disc jockeys) or non-amplified and similar live 16 perfounances such as stand-up comedy, and/or live theater on a regular basis. Live entertainment 17 shall be "incidental" in the sense that it serves to entertain customers who are in the premises for 18 the purpose of dining. Dancing by both employees and patrons is strictly prohibited and signs 19. shall be maintained• in the,restaurant notifying of this restriction. 20 5. Admission shall not be charged for entrance into the business, nor shall drink 21 minimums of any kind be imposed at any time. Entry to the establishment shall not be limited to 22 persons 21 years of age or older. 23 6. The business is prohibited from using "outside promoters" to advertise the venue 24 and to organize and produce events at the venue. Promoters as used herein are described as "an 25 individual or organization that uses the facilities of another owner to organize, oversee, or 26 otherwise promote entertainment that is not part of the primary business use. The business shall be 27 under the exclusive control of the owners at all times. 28 4 os-6617 7. The peikuittee shall not solicit, advertise, or otherwise encourage the use of its 2 premises for "pub crawl" activities whereby persons travel in an organized or predetermined 3 fashion between premises with the goal of consuming alcoholic beverages at each stop along the 4 way. 5 Hours of operation 6 8. The hours of operation for all operations of the restaurant, including the bar areas, 7 shall be limited to between 7:00 A.M. and 12:00 Midnight daily, except for New Year's Eve, when 8 the hours may be extended to 1:00 on January 1. Live Entertainment shall be limited to between 9 7:00 PM and 11:30 PM Thursdays through Sundays and on Federal and State holidays, Cinco de to Mayo, and St. Patrick's Day. All customers shall vacate the premises by not later than 12:00 it Midnight (1:00 AM on January 1 St) and the doors shall be locked. 12 Floor plan 13 9. The furniture and interiorimprovement within the business operation shall conform 14 to the floor plan attached as "Exhibit A". Other than trivial or insignificant deviations in the is placement or arrangement of furniture, no change whatsoever shall be made to the interior of the 16 premises that is inconsistent with the approved floor plan and under no circumstances shall 17 furniture or other interior/exterior improvements be rearranged to accommodate dancing, more 18 entertainment or greater occupancy absent approval by the Planning Commission by way o f 19 modification of the Conditional Use Permit. 20 Occupant. Load; over-crowding 21 10. The Fire Department shall maintain a record of the posted allowable occupant load 22 for the business and regularly check the business for occupant load compliance. The occupant 23 load shall not exceed the amount permitted as prescribed by the California Building Code, based 24 on the floor plan shown in Exhibit A which has been reviewed and approved by the Department o f 25 Community Development and Fire Department. An approved occupant load sign shall be posted 26 in the business as directed by the Fire Department. n • 27 The privilege granted to the permittee to serve alcohol for on-premises consumption and to 28 offer live entertainment may be suspended pursuant to the provisions of this condition and the 5 08-60 7 Hermosa Beach Municipal Code, as it 'exists today or as may in the future be amended. In the event that the business is found by the Fire or Police Department, following a count-out, to be in excess of the posted maximum occupant load, the City Manager may suspend the sale and service of alcoholic beverages and the operation of live entertainment for one day. If the business is found to be in violation of occupant load a second or more time within twelve months of the first violation, the suspension shall be imposed for three days. The perrnittee shall be notified of the suspension in writing. The date of the suspension shall be as determined by the City Manager. The permittee may appeal the suspension by filing a written notice of appeal with the City Clerk within ten calendar days of receipt of the notice of suspension. Filing a written notice of appeal shall stay the notice of suspension while the appeal is pending. The appeal shall be heard by the City Council at its next regular meeting, subject to agenda posting requirements. The City Council shall hear testimony and consider evidence regarding the factual circumstances of the over-occupancy violation and shall uphold the suspension if the evidence supports the existence of the violation. The City Council's decision shall be final. Nuisance avoidance, patron behavior and noise 11. The business shall not operate in a manner that adversely effects or interferes with the comfortable enjoyment of neighboring residential and commercial property. 12. The business shall employ adequate staffing and management/ supervision to prevent serving underage persons, over-serving alcohol, and loitering, unruliness, and boisterous behavior by patrons both inside and outside on the business premises, or in the immediate area. 13. If the Police Chief determines that there are a disproportionate number of police calls to the business due to the disorderly or disruptive behavior of patrons and the inability or refusal of the business to manage its patrons, the Chief shall so notify the Director of Community Development of this action, who shall forthwith schedule a public hearing before the Planning Commission to consider modification or revocation of this Conditional Use Permit. 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 6 08-6617 1 14. The building shall be equipped with acoustic features to maximize sound proofing 2 which shall include the use of double-pane windows or an equivalent and the installation of air 3 conditioning so that windows and doors can remain closed during performances. 4 15. Noise emanating from the property shall be within the limitations prescribed by the 5 City's Noise Ordinance and shall not create a nuisance to surrounding residential neighborhoods, 6 and/or commercial establishments. Noise emanating from the property shall be monitored to verify compliance with the Noise Ordinance in response to any complaints. 8 16. The exterior of the premises shall be maintained in a neat and clean manner, and 9 maintained free of graffiti at all times. 10 Miscellaneous conditions 17. The prOvisions of this Conditional Use Permit shall take effect immediately upon 12 adoption by the Planning Commission and upon completion of the applicable appeal period, 13 should no appeal be filed. 14 18. This Conditional Use Permit shall supersede and replace all Conditional Use 15 Petmits previously approved for the property and Resolution 96-5789 is hereby rescinded and is of 16 no further force and effect. 17 19. The restaurant shall be subject to review by the Planning Commission six months 18 after the effective date of this Resolution and annually thereafter to verify conformance with the 19 Conditions of Approval. 20 20. The operation of the business shall comply with all Ordinances, regulations and 21 laws applicable to a business of this kind in effect as of the date hereof or hereafter adopted. In 22 addition to any other remedy available at law, in equity or as provided in the Municipal Code, (i) 23 any significant or material violation, or (ii) any repeated, continuous or sustained violation of any 24 condition of approval of this Conditional Use Permit shall constitute cause for revocation of this 25 Permit. The Permittee shall be required to reimburse the City fully for its costs and expenses, 26 including but not limited to attorney's fees, in undertaking any such corrective action. 27 Reimbursement of enforcement costs shall constitute a civil debt and may be collected by any 28 means permitted by law. In the event that violations of this Permit occur, the City shall refrain 7 02-6617 PRESIDENT e City Council d MAYOR of the City of flennosa Beach, California g/ City Clerk APPROVED AS 0 FORM: City Attorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 from issuing further permits, licenses or other approvals until such violation has been fully remedied. SECTION 7. The Conditional Use Permit, as modified, shall be recorded, and proof of recordation shall be submitted to the Community Development Department. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. 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. The Planning Commission may review this Conditional Use Pei mit 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. PASSED, APPROVED and ADOPTED this 23rd day of September 2008. ATTEST: 8 08-6617 OC61.MCV; r IIMSEATC f awes:ars 44-'4.1- .1,16 44.0 IS a , 1-00.117D0V1.1 • .... • . • .... TOTAL YEi OT ro STRECT Vow el Inrr • Ie. • P...0 1672 %REA. Of HATCH 61+ SQ. FT. 1:HEMP' Mac...W.)04M A IV sr-r. 4.11.14.1. ••IX Da • Vex, Pr. WTI 45.4. D -746'x 7.34•1,./L H r-rxx-rySO4.0. F - Zerr4"*A21 O tg, x r.Tr. H 7,1-x Zr* voict • ZesZr ici Z-rzretr• wag.; ftl%*24-xT-Ir•i-S34.1. H 14-X74•• SA 00, tr-rxxr.,tsh K2, N ir-rx7+-symac4it o IAD gAr.r•ilturp. P Y.tMx 13'4•• SLIF•0. O 2.r)i Rh X. V44%154.04,40, • 4',1•Y 1%4 r • 41-Atto, Zr a-P.41.11s }. • k no. rite .146,1411, 3 ra x WS5x.v.4.x3•4r • VW. x 44X Y a.r:rr•ixs0- M1Xx 11,14" Ye .024 ac IN'xr.it••4,40 as 74' x.9-V .4S-13 ttrXxr.0'xr-r itS0 s4b. ‘1,1Se sf,A. ...... • • . ..... _ .. _ . ' E4Vil:Nt7 PtAtt Lf•f TOTAL ----- 41/21i16AFT. 2-5 PL 'OCCUAQILA101.1901:0 esOtss. 0.4 o'n441171, Elaine Doerfling, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Heunosa Beach, California, do hereby certify that the foregoing Resolution No. 08-6617 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 September 23, 2008. The vote was as follows: AYES: DiVirgilio, Keegan, Tucker NOES: Bobko, Mayor Reviczky ABSTAIN: None ABSENT: None Dated: October 14, 2008 EYHIBIT "D" Dion Dominic Trujillo 1737 Spreckles Lane Redondo Beach, California 90278 Cell: 856-264-4112 Email: fishontap@gmail.com Career Objective To secure a Chef position where I may use my knowledge and experience to provide superior food and service in addition to leading team and ultimately contributing to my employer's growth and profitability. Skills/Experience: • Food Certified &Training and development as a Japanese Cajun cuisine specialist • Successful catering experience (500+ persons) • More than 17 years in food service operations including creative, specialty food preparation and personalized customer service • Assist in staff hiring, training and supervision, organize work schedules, purchasing, inventory, and stock rotation • Maximizing kitchen productivity and staff performance including, but not limited to: cleaning and breaking down fish, meat, and poultry for service Employment History Head Sushi Chef/Manager Faith's Seafood and Sushi Shack Aquinnah, MA 11/08-9/12 -Maintained relationships and managed expenses with reputable food purveyors. -Improved quality of classic New England style cuisine. -Assisted with menu development including daily specials and new menu items. Suites Saute' Chef/Executive Chef Glenn Richmond Aramark at the Citizen Bank Park & Aramark at the Lincoln Financial Field Philadelphia, PA 03/07-09/08 -Execute menus given by the Sous Chef and Chef De Cuisine -Prepare roasted and braised meats and their gravies, broil meats and other items to order, prepare vegetables, soups, starches, also all fish and shellfish items and their sauces -Also assist Executive Chef with V.I.P. contracts. 2007 Breeders Cup 60,000 attended Executive Sous Chef/Executive Chef Michael Felan Chadwicks at The Club at Shannondell Country Club Audubon, PA 09/06 -03/07 -Supervise cooks and oversees the preparation, portioning, garnishing, and storage of food -Estimates food consumption and purchases food -Assist in cooking and preparing food as necessary -Responsible for maintaining kitchen and storage facilities in sanitary condition -Responsible for cash management & direct interaction with client/customers and many different sauces (prepared 105 sauces , 50 sauces on a daily basis) E HIBIT "E" 110IIRSON STREET TACOS At/Ex takz ,4186 A tW/3 itsr/f (tj far gttap= HOWHIE Can't 150 Fire Roasted Alligator, Southern Slaw Sweet Corn, Cilantro Aioli Sauce with Gruyere:and Fontina Cheese. REEK ME MAMA 2.50. Sweet Corn, Red Beans, Fire Roasted Mixed Peppers, Southern Slaw Grilled Mushrooms, Diced Avocado with Caramelized Vinaigrette and Cotija Cheese. ORIGINAL SMOKE SHACK 325 Fire Roasted TriTip with Shredded Lettuce, Tomato Lime Salsa, 17th Ward Heat Sauce and Mixed Cheese LATER CATER TACO 3.50 Abita Battered. Alligatog Tomato Lime Salsa, White Delta Sauce and Mixed Cheese ; - ME4LITT -FISH 2,.95 Pan Blaellei,,d MalliZlahi, Southern Slaw and Tornate Lime Salsa, Drizzled with White Delta Sauce ale, MBed heese. • - SHAME TIE DEVIL 3.50 l'an Blackened Shrimp, Southern Slaw and Roasted Red Peppers. Famous Killer Shrimp Sauce with Gruyere and Fontina Cheese. DARN TOOTIN 325 Fire Roasted Chicken, Shredded Lettuce, Tomato Liles Salsa, Tomatillo Sauce and Mixed Cheese. WHO DAT TACO 2.95 Abita Battered Mahi-Mehi, Tomato Lime Salsa. White Delta Sauce and Mixed Cheese. HUNKEY COREY 325 BBQ Pulled Pork; Applewood Bacon, Green Onions, Southern Slaw Gruyere and Fontina Cheese FLEUR DE US 325 Applewood Bacon, Fried Steak, Twice Baked Potato with Gravy & Green Onions. VOODOO NAMINZ 325 -Caution Mu- ral Blackened Duck, Applewood Bacon Southern She,: Smoked Gouda Cheese and,Fire Sauce ;. E CRESCENT 3.25 Fire Reasted Steal . ....dale Sausage, Southern Slaw, Grilled Mushroom. ! mions, Drizzled in Traditional Red Ere ey and Cotija Cheese. L....tAGGEDY 153 Smoked Duck, Mixed Vegties, "NOLA' Bazmati Rice. Topped with Prohibited Roux. MARDI GRAS 3.25 Hickory Flamed Chicken; Andouille Sausage, Roasted Mixed Veggies, Mixed Cheese and Cajun Rice. SCI. TITERN CHICKEN 325 Fried Chicken, Mashed Potatoes and Gravy, Green Onions, and Diced Bacon Topped with Corn Bread Crumbles on a Corn Tortilla. THE STANDARD 1125 USDA Prime Ground Chuck.with Mixed Greens, Red Onions, Roma Tomatoes, Pickles, Mayo and American Cheese THE ROCKSTAR 1125 Fri-Tip Burger with Lettuce, Grilled Mushrooms and Onions, Topped with Pepper Jack Cheese. THE ANDY HICKS 1125 USDA Prime Groins] Chuck Burger, Applewood Re Onion Strings, BBQ Sauce with Gruy.ere and Fontina Ch THE GralFIER -Cantivir Hot- Pate Blackened Duck, Onion Strings. Grllel.:: and I-Oil:Lin:1 Cheese, Southern SIDW topped trite Rio- Sauce 111' RAINEY CALAMARI 5.95 C Calarnari Dusted in Herbs and "NOLA' Spices Served with Jalapeno Tartar Sauce and Rent Party Ranch DELTA NACHOS ILE Louisiana Red Beaus & :',i9Ited Mix Cheese over crisp Corn and Flour Cbi-vi Tomato Lime Salsa and Sour Cream. Add Chicken or Steak +1.00 BIG EASY ETES 11,95 Levee Wedge Frites, Bacon Bits, Minx]. Cheese, Diced ,Thlapenos, Tomato Lime Salsa and Sour Cream. Add Aisne: Bolo, rl A iligator +1.00 : LIP. MACKIN E l 7 1,7i,EESE LISS A Mix of Cheeses with Pasta Shells. `wen Baked to a ; Golden Don-D1 Ask For 'Em Cater .`;., ALLIGATOR POPFW A Double Crunch of Ass Kicldn Gator. Stuffed into a Flame...Charred Pepper. Baked with Gruyere and Foraina Cheese Served with White Delta Sauce.' --BLACK MARKET PUPS 5.95 \Three Pan Blackened Shrimps Smilgishid into Hush Puppies. Served wire Red Peeper Dip THE RICH MAN 150 Tri-Tip, Fried Egg, Brown Mustard, Onions String- neat Sweet Ibtato Chips. THE PAYBACK 1125 Grilled Chicken, Applewood Bacon, Grilled Mushrooms, Avocado and Pepper Jack Cheese, THE SPICY 11.25 Pan Blackened Ilahi-Mchi. Caramelized Onions, atoes, Spinach, Cuctimt,-.1- Slices, Pepper Jack Cheese and Chipetle Remoulefle 11PERD1117: DOWL 11.95 Fire Roasted Andouille Sausage with Cajun Rice di LoniSiana Red Beans Topped with Sour Cream. HURRICANE EL NINO 625 Two Flour Tortillas Loaded with Andouille Sausage, Choice of Chicken or Steak, Louisiana Red Beans, ,:',.‘jur, Rice, 17th Ward Heat Sauce and Mixed Chees ,--. ELAKE 6.119 Tomato Sauce with Baur Cheeses Fontina, Gruyere, Smoked Gouda and Mozzarella Cheese. Add pepperoni al no charge. . CHARLIE PATTON 6.119 - Pepperoni, Andouille Sausage, Applewood Bacon, Grilled Mu.-,Irooms and Fire Roasted Mixed Peppers Tomato Seere with Smoked Gouda and Mozzarella Ch rym kICKED between - 3,6,9.12.15 Served with Rent Party Ranch, Carrots and Creep Celery. SHRIMP & GRITS 5.95 Cajun Blackened Peppers and Shrimp Tossed in a Spicy BBQ Sauce Served Over Crescents Cheese Grits. FRENCHMAN FAVORITES ATTACHMENT 217 18 Dining area, main bar on north wall (Looking east, front to rear of dining area) Dining area, main bar at left of photo (Looking east, front to rear of dining area) Stage Attachment 3: Photos of 1238 Hermosa Avenue, November 2012 19 View from entrance door. Main bar to the left rear and stage to the right rear Stage Central table 20 Parking area outside rear door (adjoins larger lot on property to south) Café Boogaloo Facade 41 Attachment 7: Zoning Map 1238 Hermosa Ave 43 Attachment 8: Public Notice Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach JANUARY 15, 2013 Project Title Public Notice Meeting Date Date Rec’d Remarks Activity reports of Nov. 2012 1/15/13 Report on C.C. action 705 Pier Ave., Club 705 – Consideration of modification/ revocation of the Conditional Use Permit. 1/3/13 1/15 10/17 1086 Aviation Blvd. and 1111 Prospect Ave. -- CUP and PDP Amendments to convert an auto body and painting and general repair use to auto body repair and painting and sales use; substantially replace 4,816+ sq. ft. of buildings with 9,203+ sq. ft. of buildings (6,000+ sq. ft. auto body and painting and 3,250 sq. ft. accessory office/storage) surface parking and landscaping; and amend hours of operation and other conditions for consistency with the revised use and site plan, in the C-3 zone & Negative Declaration 12/16 1/15 f:b95\cd\wpc - future agenda 11/29/12 8c Easy Reader Run Date: November 21, 2012 DISPLAY Acct: 7010-2110 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold public hearings on Wednesday, December 5, 2012, to consider the following: 1. Consideration of modification or revocation of a Conditional Use Permit to allow on-sale general alcohol, outside dining and live entertainment in conjunction with a restaurant at 1238 Hermosa Avenue, Café Boogaloo. SAID PUBLIC HEARINGS shall be held at 7:00 P.M., or as soon thereafter as the matter may be heard, in the City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254. ANY AND ALL PERSONS interested are invited to participate and speak at these hearings at the above time and place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the Community Development Department, Planning Division, in care of City Hall at 1315 Valley Drive, Hermosa Beach, CA 90254 prior to Thursday, November 29, 2012, at 12:00 noon. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Community Development Department, Planning Division, at, or prior to, the public hearing. FOR FURTHER INFORMATION, please contact the Community Development Department, Planning Division, at (310) 318-0242 or fax to (310) 937-6235. The Department is open from 7:00 a.m. to 6:00 p.m. Monday through Thursday. Please contact a staff planner to discuss any project on the Planning Commission agenda. A copy of the staff report(s) in the Planning Commission packet will be available for public review at the end of the business day on Thursday, November 29, 2012, at the Hermosa Beach Police Department, Public Library, and on the City’s website at www.hermosabch.org. Relevant Municipal Code sections are also available on the website. Elaine Doerfling City Clerk f:95\cclerk\legads\display\2012\planning commission\pc12-05-12