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HomeMy WebLinkAbout2008-09-16 PC AGENDA 1 AGENDA PLANNING COMMISSION MEETING CITY OF HERMOSA BEACH CITY HALL COUNCIL CHAMBERS 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 September 16, 2008 7:00 P.M. Sam Perrotti, Chairman Ron Pizer, Vice Chairman Peter Hoffman Kent Allen Shawn Darcy 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. 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. 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. 2 Section I Consent Calendar Any Planning Commissioner or member of the public wishing to pull an item from below may request to do so at this time. 4. a) Approval of July 15, 2008 minutes excerpt for 1332 Hermosa Avenue, Blue 32, and 1320 Hermosa Avenue, The Shore. b) Approval of August 19, 2008 action minutes. 5. Resolution(s) for consideration 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(s) 6. CUP 08-8 -- Conditional Use Permit to allow on-sale beer and wine and outdoor dining in a covered patio area in conjunction with an existing restaurant at 140 Pier Avenue, New Orleans Cajun Cafe. Staff Recommended Action: To direct staff as deemed appropriate. 7. VAR 08-3 -- A Variance to allow the expansion of an existing nonconforming two-car garage resulting in a 6-foot 4 inches garage setback from the sidewalk rather than the required 17 feet in conjunction with a remodel and expansion to the existing single story dwelling at 2507 Valley Drive. Staff Recommended Action: To approve said request. 8. TEXT 08-6 -- Information and continued discussion regarding wind energy systems (continued from the August 19, 2008 meeting). Staff Recommended Action: To direct staff as deemed appropriate. 9. TEXT 08-3 -- Text Amendment to exempt solar energy systems from height limits. (continued from the August 19, 2008 meeting). Staff Recommended Action: To recommend approval of said Text Amendment 10. TEXT 08-5 -- Text Amendment to exempt portable shade canopies from the height limits (continued from the August 19, 2008 meeting). Staff Recommended Action: To recommend approval of said Text Amendment. 3 Section III 11. Staff Items a. Tentative future Planning Commission agenda. b. Community Development Department Activity Report of July, 2008. 12. Commissioner Items 13. Adjournment Excerpt Planning Commission Minutes July 15, 2008 1 EXCERPT MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON JULY 15, 2008, 7:00 P.M., AT THE CITY HALL COUNCIL CHAMBERS Public Hearing(s) 6. CUP 08-5 -- Revocation or modification of a Conditional Use Permit to allow on-sale general alcohol and live entertainment in conjunction with a restaurant at 1332 Hermosa Avenue, Blue 32 (continued from the May 20 and June 17, 2008 meetings). Staff Recommended Action: To modify the Conditional Use Permit. Interim Senior Planner Lackow presented staff report and the recommendation. Chairman Perrotti noted that Condition No. 8 should be amended to reflect the amended hours of operation for live entertainment, stating City Council modified that language by limiting it to 7:00 P.M. and 11:30 P.M. He asked for clarification on moving dining tables around in the course of an evening and whether that would change occupancy restrictions. Interim Senior Planner Lackow explained that if they were to temporarily remove some furniture and have a designated open area for a dance floor, for instance, that may influence the occupancy load of the restaurant because it changes a portion of the use of the interior space. Director Robertson added that the occupant load plan is approved administratively by the Building Division of the Community Development and Fire Departments, pointing out that staff has not approved a designated dancing area or a higher occupant load. Chairman Perrotti asked whether the Commissioners can use their own observations of these establishments in coming to a decision this evening. Assistant City Attorney Feldman stated they can, but noted that a Commissioner would have to explain on the record what they have witnessed, allowing all to respond to those comments that would influence the decision. Chairman Perrotti asked which condition is enforced when there is a conflict between the ABC hours and the hours in the City’s issued CUP. Police Chief Savelli explained that ABC controls the hours for service of alcohol and that the City’s CUP controls the hours of operation. He proceeded to give his report related to this matter, highlighting some of the statistical data that has been presented in staff report. Brandy Richards, ABC representative, addressed Commissioner Pizer’s request for clarification on what ABC’s status is in terms of happy hour and the 50-50 rule, advising that ABC currently has an open investigation and that she is not permitted to discuss that issue at this time. Chairman Perrotti opened the public hearing. Dave Lowe, co-owner, provided some history on the problems with the prior establishment, T.J. Charley’s, before they purchased this business, stating they took one of the worst operating businesses in Hermosa Beach and turned it into a business they are extremely proud of; and he Excerpt Planning Commission Minutes July 15, 2008 2 added that this is an excellent restaurant that serves a lot of food. He stated they look forward to soon resolving the 50-50 rule with ABC. He stated that when the CUP was originally approved and when they purchased this business, it allowed alcohol, dining and live entertainment; and pointed out that nowhere in the CUP does it say any three is incidental, primary, or secondary to the business. He stated the words “in conjunction” in the CUP means they are permitted to do all three – dining, entertaining, and alcohol service. He added that a fundamental condition for his purchasing this business was knowing that City Council approved dancing at this establishment, that the no dancing rule would not be enforced because the restaurant proved it could operate without any problems. He advised that they have not opened the facility into a full dance floor, rather, it is more on average of six couples dancing on the floor at the same time. He reiterated that this is a well run business. Mr. Lowe stated that Police Chief Savelli has indicated 41 of the claims counted against this business have been proven not to belong to Blue 32; pointed out that he himself believes 76 of those claims do not belong to Blue 32; and he stated these statistics need to be corrected, expressing his belief this business would not be before the Commission this evening if accurate data had been provided. He stated the statistical information reflects that the entire Downtown businesses account for only 5 percent of the citywide calls for police service – pointing out that allegations from residents stating these Downtown businesses are using an enormous amount of police resources is untrue. Chairman Perrotti stated the floor plans do not show any designated dancing area. Mr. Lowe responded by explaining they move a few tables/stools to allow room for some dancing but that they are still at 126 occupancy regardless; and advised that their architect is redoing the plans to address the recent building code changes for calculation of occupancy. He added that a “last call for alcohol” is automatically flashed/displayed on screens to alert everyone at the end of the evening. With regard to the condition to provide monthly automated financial statements, Mr. Lowe expressed his opposition to having to provide this very expensive service upon any business, believing this is a punitive action by the City against them; he stated this business does not have a 50-50 problem; and stated his patrons are not causing problems. Addressing Commissioner Hoffman’s inquiry concerning the knowledge that no dancing was permitted, Mr. Lowe stated that ABC indicated they would not be enforcing the no dancing rule; and that he based his purchase of this establishment on City Council’s October 26th decision that they would not object to dancing on these premises. With regard to over-crowding issues, Mr. Lowe advised that this establishment has 17 over-head cameras; that the Police and Fire Departments cited them for having 170 individuals in this building; but pointed out that once each person was counted, they were able to prove that only 125 people were in the building; and that the over-crowding infraction was completely dismissed in court. Citing this huge discrepancy from 170 by the Police and Fire Departments, he stated that the previous time they were cited for over- crowding and unwisely chose not to contest it, they now believe the Police and Fire Departments’ estimates are routinely way off the mark. Brandy Richards, ABC representative, stated that no one from her agency would tell someone they would not enforce a condition of approval. Kelly Kovak-Levy, resident, co-coordinator of Hermosa Beach Neighborhood Watch Program, new member of the Hermosa Beach Police Department Volunteers and Policing Program and Commissioner on the Emergency Preparedness Commission, advised that the Downtown nuisance activities/complaints are routinely discussed at their meetings; stated the public Excerpt Planning Commission Minutes July 15, 2008 3 perceives the Downtown area to be out of control; pointed out it is clear that police presence must be in this area to keep law and order; and stated that most restaurants she knows of don’t need bouncers and don’t stay open until the early morning hours. Steven Miller urged the Commission to take its time in coming to an educated decision, stating these businesses are important to the City’s economy. Shay Reynolds, resident, stated that many business people bring their clients to these establishments at all hours, noting that Blue 32 has excellent food. Ryan Devolia expressed his belief that limiting the hours for alcohol sales will do nothing to curb people from becoming unruly and drunk; and he added that the Downtown businesses provide good economic sense for this community. Scott Castle, resident, stated that Blue 32 is a fine establishment; noted that this beach community is known throughout Los Angeles County as an active beach environment and one that provides entertainment in the evenings; and he expressed his belief the City has specifically and incorrectly targeted this business for the problems in the Downtown area. Joe Plain, South Bay resident, urged the City to work with these establishments, noting the economic importance of the Downtown area. Brian Hurlahee, South Bay resident, stated that Blue 32 has added a premium business to the Hermosa Pier; advised that they directly and indirectly employ many residents of this community; and stated that these owners are actively engaged in their business every day and are very concerned about the community and its events. He stated that since these owners took over T.J. Charley’s, it has become a fine dining establishment that offers superior service; and that this makes them a busy establishment that caters to a premium clientele and residency. Julie Jennings, resident, stated the City is only trying to get these establishments to abide by the rules when conducting their businesses and to comply with the conditions for approval. She added that the data has become more accurate and that those businesses not abiding by the rules should suffer the consequences; and stated she does not believe the City is asking for anything unreasonable, that the City is not trying to get any of these establishments to do things they did not commit to in the first place. James Hernandez, South Bay resident, stated that Blue 32 has been a good business establishment, providing good food and service; and he stated he routinely visits some of Hermosa Beach’s fine dining establishments. He mentioned that this establishment has been instrumental in allowing the Police Department to use its security camera footage to solve some cases. Ivan Lewis vouched for the great character of the owners of Blue 32, stating he feels safe and comfortable at this fine establishment; and stated their clientele is an upscale crowd. Shane Davis, resident, urged the City to stay open to business investments being made in this town, noting that many businesses have spent a lot of money improving their properties; and pointed out that many of these businesses have replaced run down establishments. John Bowler, resident, stated that the plan for the Downtown area was to attract more upscale businesses that would cater not only to residents but also to others living outside city limits; and Excerpt Planning Commission Minutes July 15, 2008 4 noted that Blue 32 does have great food at their fine restaurant, reiterating this was the plan for the Downtown area. He added that it’s been no secret Blue 32 was a lounge with live entertainment and some dancing; and believes the City is suddenly trying to act as though it shouldn’t have any place in town to be entertained or go dancing. He stated that the plan for the Downtown area was more than just attracting restaurants. He stated that improvements are necessary in this area, but expressed his belief that some of this has gotten carried away with. He asked the City to be careful with solely using the police statistics as a method of getting rid of a place that has done pretty much what the City asked for. He reiterated this City now has several upscale restaurants that offer excellent food, dancing at night with a better crowd than what was found in a lot of other places in the past. Rick Koenig, resident, stated this is all about being a good neighbor and abiding by what was agreed upon for doing business in this community. Man (gave no name) pointed out that the dynamics have changed in this community; and that the community has spoken loud and clear that it wants enforcement Downtown and it wants to end the disturbances to this community that have been taking place for far too long. Mike Lowe, co-owner of Blue 32 and resident, stated that he loves this community; advised that he is at his restaurant for many hours every day to see that it is managed according to the conditions of approval; and noted that he wants to continue to do business in this community. Rick Warren, counsel representing Blue 32, provided some history with his part in working with City Council’s approval in asking ABC to suspend or not enforce the no dancing condition, noting he was representing T.J. Charley’s at the time; and advised that they needed that City Council action in order for T.J. Charley’s to move forward with the sale to Blue 32. He advised that Phyllis Krippen, Director of the local ABC office, personally conveyed to him, as noted in his 2004 letter, that ABC would not enforce the no dancing rule against T.J. Charley’s or any successor, which gave the green light for the closing of the deal with Blue 32. He clarified when staff refers to the letters in 2007 objecting to the ABC activity, those letters in 2007 were about the hours only and not related to the no dancing condition. Mr. Warren indicated that staff report refers to a history of six over-capacity violations, two pending misdemeanor prosecutions being advanced by Hermosa Beach for over- capacity violations; that in each of those instances when the owners were informed by the Fire Department they counted numbers like 169 or 176, the owners requested a count-out -- meaning the lights are turned on and a count is taken of each person exiting the establishment to establish the accurate number inside; and advised that in both of those instances, the Fire Department refused the count-out. In a criminal proceeding, he stated that alone will probably be established as a defense as a matter of law; and advised that the Fire Department’s policy in Hermosa Beach is to conduct a count-out when one is requested. He pointed out that in March, the Fire Department said they had 170 people inside; that the owners insisted on a count-out; that a count-out was performed and that only 125 were inside. He stated they must be suspicious of the accuracy of those numbers before a count-out, noting this is why they litigate these issues in a court of law. He stated there is no evidence of a nuisance that justifies modifying their CUP. He noted this establishment has been approved for dining, drinking and entertainment, pointing out that none has any greater priority in the CUP over the other. He stated that staff repeatedly refers to incidental to the dining, incidental to the restaurant, and reiterated this is not what the CUP says, that the word “incidental” does not appear anywhere in the existing CUP. There being no further input, Chairman Perrotti closed the public hearing. Excerpt Planning Commission Minutes July 15, 2008 5 Commissioner Pizer agreed that this establishment offers a fine dining experience and that many people love it and have a good time there. He asked staff for clarification on the primary use for this business. Interim Senior Planner Lackow noted that her reports mention Condition No. 5, which state that any changes to the interior layout which alter the primary use of the restaurant space shall be subject to…,” believing the intent was the primary use is the restaurant space as approved, that’s what the plan submitted indicates; and that any change to this would cause the primary use to go away from being a restaurant and would be counter to the intent of the CUP. Police Chief Savelli stated that in addition, the Type 47 license from ABC indicates it’s for a restaurant. Commissioner Pizer stated that the owners indicate dancing is critical to the success of their operation and that it shouldn’t be enforced by ABC, noting he does not agree with those statements. He pointed out this type of combined activity Downtown can be tolerated in bigger cities but that in this small community, the negative activity directly impacts the residents’ quality of life. He stated that while the statistical data may not be perfect, it gives the Commission a guide from which to address the problems; and he expressed his opinion that the activity after midnight is not something the majority of the community would like to see continue because of all the problems this community experiences from midnight to 2:00 A.M. He stated this is also a critical time for these operators to generate a lot of their money with their bottle service, believing bottle service encourages more people to be intoxicated when the last call goes out for alcohol or closing takes place. He mentioned that their website indicates tables must be reserved after 10:00 P.M. with a minimum bottle order. Commissioner Hoffman stated he does not believe ABC, as a state agency, agreed to overlook one of the stipulations within the ABC license for this establishment; and he stated he has been persuaded by Police Chief Savelli’s data and his interpretation of this to suggest there is a nuisance here. He stated it is important to recognize that this business, knowingly or not, has been operating in violation of their ABC license as it relates to the dancing. He highlighted the large number of people who have voiced their concerns with the nuisance all these establishments have collectively created, stating they have morphed into problematic business establishments. He stated this Commission is not an enforcement agency of over-crowding violations. Commissioner Allen stated this is a general compliance issue, and stated he is inclined to believe the police reports are fairly accurate. He expressed his belief that if this establishment closed at 12:00 A.M., it would be an improvement for the community; and stated this City needs to take a look at all these establishments in an equitable manner and taking into account the best interests of this City. He expressed his belief the evidence indicates this establishment has become detrimental to public health and that the CUP is not being used in a manner in which it was intended. Commissioner Darcey stated he has reviewed all the materials presented to the Commission; noted he is not opposed to dancing, but that the rules agreed upon must be followed when doing business in the City. He expressed his belief there is an element of violence that can occur with excessive consumption of alcohol, adding in the bottle service and people consuming the remainder of the bottle in a hurry rather than letting it go to waste. Excerpt Planning Commission Minutes July 15, 2008 6 Chairman Perrotti urged both Blue 32 and The Shore to work together on improving the pedestrian walkway, noting that many times the lines have forced his walking out onto the street to get by these establishments in the evening. He stated that times have changed in Hermosa Beach and that people have gotten really tired of the nuisance activity and are a lot less tolerant with what has been taking place. He stated he has eaten at Blue 32 several times; that he has seen how busy this establishment can get; and that it worries him there was never a concerted effort by staff to keep the aisles clear when he was there. He stated that the dancing didn’t seem to be in any designated area, that people seemed to dance wherever they felt like dancing, which led to a lot of bumping into people and led to a few altercations now and then. He stated if ABC indicates that dancing is prohibited, it’s not up for discussion and that it should be enforced. He stated that when this business received prior approval from this Commission, he did not think he was approving an entertainment establishment because he knew it was close to a residential area. He stated he would support ABC’s hours of operation, from 8:00 A.M. to midnight, Sunday through Thursday; and 8:00 A.M. to 1:00 A.M., Friday and Saturday. Commissioner Pizer commended Police Chief Savelli for his proactive communications with ABC; and suggested adding to Section 4a, a condition that prohibits new bottle service two hours prior to closing. Assistant City Attorney Feldman stated she does not believe the City has the ability to regulate the sale of alcoholic beverages, how it’s sold. Police Chief Savelli stated that ABC will consider recommendations from the City for conditions of approval to be incorporated into their ABC license. MOTION by Commissioner Pizer, seconded by Commissioner Allen, to APPROVE staff recommendation. Commissioner Hoffman reiterated that the Commission and City Council are not the enforcing bodies with respect to over-crowding, and he stated that this language should be removed from the conditions. With regard to the over-crowding language, Police Chief Savelli clarified that this language was crafted/inserted because he believes the $1,500 fine is not a sufficient enough deterrent when an establishment can make 3 to 4 times that amount in deliberately over-crowding their business, that this language addresses that deliberate over-crowding. Chairman Perrotti reiterated that Paragraph 8 needs to be amended to reflect the hours agreed to by City Council with regard to live entertainment being limited to 7:00 P.M. and 11:30 P.M. The motion carried as follows: AYES: Allen, Darcey, Pizer NOES: Hoffman, Perrotti ABSTAIN: None ABSENT: None Excerpt Planning Commission Minutes July 15, 2008 7 7. CUP 08-6 -- Revocation or modification of a Conditional Use Permit to allow on-sale general alcohol and live entertainment in conjunction with a restaurant at 1320 Hermosa Avenue, The Shore (continued from the June 17, 2008 meeting). Staff Recommended Action: To modify the Conditional Use Permit. Interim Senior Planner Lackow provided staff report and the recommendation. Chairman Perrotti stated Page 4 should indicate that live entertainment shall not be allowed; and he asked for clarification with regard to the information on Page Nos. 30 and 32 concerning the 50-50 rule and whether any auditing being performed. Director Robertson stated the information on Page 30 was submitted by the owners; that staff has had no opportunity to independently verify or audit that information; and that Page 31 was also submitted by the owner, but it was submitted to ABC in October of 2007. Ms. Brandy Richards stated that the summaries of their gross food/alcohol sales have been verified and have been deemed accurate. Police Chief Savelli presented his report and highlighted some of the data statistics, believing the statistics are an accurate record of the need for police service at this facility. Chairman Perrotti stated that two years ago, the Hermosa Beach Artwalk had a function at The Shore, stating the donation of food for that event will not affect his decision this evening. Chairman Perrotti opened the public hearing. John Weller, representative for The Shore, stated that this establishment is an upscale restaurant and lounge with live entertainment as permitted by its CUP. He noted that ABC requested a sales audit of The Shore for all of 2006 and three-quarters of 2007; advised that the initial figures showed some months were above 50-50, and some were below 50-50; and that the net result was an initial discrepancy of a little over a 3-percent variance from the 50-50 requirement. He stated that while staff refers to this as a significant violation, he believes the 3 percent is insignificant. He advised that ABC has yet to render a determination; that there has not yet been a formal hearing; and he cautioned the Commission on taking action based solely on accusations and not on actual findings. With regard to those 50-50 violations, Mr. Weller explained that this business did a great deal of 2- for-1 coupons and sponsored a number of community-oriented events wherein they gave away the food and charged for the beverages at these functions; and pointed out if they were to realize at the time these give-aways would have been counted towards the 50-50 rule, they may have elected not to do that, believing this could account towards this 3-percent discrepancy. He advised that in the last three-quarters, their records have shown the food sales are well above the 50-percent mark, pointing out they have a new chef. He stated there is a problem with relying too heavily on the 50-50 rule in Hermosa because some establishments will serve $1 beers and casual hamburgers while an upscale restaurant offers a pricier meal and drinks, which creates some inequity for the pricier business. He stated this is a very responsible restaurant and bar; noted there have not been significant problems at this establishment; and he stated that the people who are creating the problems should be held accountable and responsible for their behavior. Excerpt Planning Commission Minutes July 15, 2008 8 Mike Sribney, co-owner and resident, stated he is a very active owner with this business and noted that he cares a lot about this community; and he expressed his concern with the misleading data that is being considered against his establishment. He stated it is clear there are other businesses on the promenade that have more police calls than his business. He stated that the taxi cab area in front of his establishment has falsely attributed calls to his business. He stated that out of 69 calls outside the Shore, 49 are after midnight and should not be attributed to his business. He advised that The Shore caters to an upscale crowd; stated they do not serve pitchers of beer; and that they constantly try to make their business better, such as limiting the length of their lines, providing bathroom attendants, installation of additional security cameras and the implementation of a dress code -- not allowing shorts. He advised that a one-page supplemental was forwarded by him to the Commission citing three conditions The Shore is not in favor of accepting into their CUP. Gene Shook, commended The Shore for their fine dining establishment; stated he visits this establishment late in the evening because of his own time constraints; and he stated they run a very responsible establishment. He advised that someone recently spent $4,000 worth of wine for a party of 18 people at his restaurant; and that his restaurant has a number of bottles ranging in price from $1,000 to $8,000. He stated if this town wants its restaurants to close at midnight, then all the establishments should have the same condition. He stated that The Shore and other fine establishments have spent millions of dollars improving their properties; and stated that times are economically tough for businesses and that the City needs to be supportive of the businesses. He reiterated that if the City is going to make time restrictions that will pretty much kill some of these businesses, then it needs to be done in a long, elaborate process, not something that is quickly done. Tim Personias, resident, stated the residents have grown tired of the late night noise, the screaming, threats, fights, destruction of property, and disrespect of the residents – pointing out this goes on until 3:00 A.M., waking up everyone in the houses near these business establishments. He stated that the people walking to and from restaurants for dinner are not the problem, that it’s the groups and individuals drinking all night and leaving these establishments. He stated that the restaurants have morphed into bars; that the residents are the ones paying the price while the business owners selling the alcohol are the ones who are profiting David Linville, executive chef at The Shore, stated he has been a professional chef for 15 years; and he thanked the owners for allowing him to be able practice his craft and create an upscale dining experience with his menus. He stated he uses fresh quality products from around the world. Brian Kelleher, resident and general manager of The Shore, stated he’s been in the restaurant business for 16 years; stated that door host positions at The Shore are important to ensure the quality of guests coming into The Shore, noting they are very adamant about sticking to the dress code. He stated this improves the level of clientele that come into their establishment and into Hermosa Beach. He stated they are adamant about checking I.D.’s., mainly doing this after 10:00 P.M. when the live entertainment is in full swing, and making sure the capacity numbers are being held. He stated for the last nine months, they have been in complete compliance with the 50-50 rule. He pointed out they offer a 30-day hold on any bottle that had been ordered and not finished, noting the bottle will be reserved for them if they visit the restaurant in that next 30-day period. Excerpt Planning Commission Minutes July 15, 2008 9 Kelly Kovak-Levy, co-coordinator of Hermosa Beach Neighborhood Watch Program, new member of the Hermosa Beach Police Department Volunteers and Policing Program and Commissioner on the Emergency Preparedness Commission, stated the majority of block captains who are Downtown commonly refer to the Downtown as an entertainment war zone area; and stated that the residents should be able to sleep well at night and not be disturbed by drunken patrons. She stated the residents believe the Downtown area has been taken over by the bars. Joy Canelli, resident, encouraged the City not to drive out its upscale businesses, believing it will be a detriment to the financial well-being of this community; and she added that it is reasonable for the City to expect a certain standard; and asked the City to work with these businesses and not against them. She stated that The Shore does provide a quality business. Joe Midler, co-owner of The Shore, expressed his belief that many of the police calls were generated by a disgruntled employee of the furniture business next door. He stated they run a good business; advised that they have spent a lot of money improving this establishment; and added they would not have put all this money into this business if they would have had to close at midnight. Langley Kersenboom, resident, noted his opposition to closing The Shore at midnight, expressing his belief this upscale establishment is committed to constantly improving its operations. Rinar Beck, co-owner and manager of The Shore, stated he’s been in the restaurant and entertainment business for over 30 years and is very familiar with upscale dining and entertainment; advised that since opening, they have never deviated from their concept of fine dining and entertainment; advised that they are permitted to stay open until 2:00 A.M., but that their liquor sales cease at 1:00 A.M., therefore, they voluntarily close earlier. He stated they have a soft closing and a last call at 12:45 which allows people to gradually leave; and he stated if they are forced to close at midnight, the patrons will simply go to the next open establishment for drinks. Mr. Weller stated it is clear from this evening’s comments, this is one of the better operations in the City; that they are doing all they can to control the chaos that occurs sometimes on the street; and asked the Commission to take into consider all the comments and allow this establishment to continue doing business in a responsible fashion. Chairman Perrotti closed the public hearing. Responding to Commissioner Pizer’s request for input concerning the owner’s comment with regard to subject stops outside his business and those being inaccurately attributed to his establishment, Police Chief Savelli explained that the officers have been trained and asked over the last year to be consistent in their identifying where the person was coming from; advised that in 2007, their department made a significant effort to make sure the officers specifically located the call for service to the business they believed it belonged to; and that in many of those cases where he indicated “new location” or “location change,” that’s a demonstration of that concerted effort and is evidence of the officer making that change. He added that when an officer indicates “on view,” that means they saw it at that location and that’s why it’s credited to that business. He added that for the first seven months of 2007, they had officers almost routinely standing in the center median between the two establishments to specifically monitor those two establishments. Commissioner Allen expressed his belief that an earlier closing of these establishments will reduce the nuisance activities and crime. Excerpt Planning Commission Minutes July 15, 2008 10 Commissioner Darcy stated he had a pleasant experience at both The Shore and Blue 32, but noted it was before 10:00 P.M. Commissioner Pizer stated that fine dining does not require late night operations; stated that the lounge activity is causing the trouble, not the restaurant; and noted he will support the police findings with late night problems, usually after midnight. Commissioner Hoffman noted that five out of eight quarters the gross sales of alcohol exceeded their gross sales of food, pointing out that’s what precipitated this hearing. He stated he would support an earlier closing hour; and he noted again that the Commission and City Council are not the enforcement agencies for over-crowding. Chairman Perrotti stated that the criteria he took into consideration for bringing this business before the Commission this evening was because of violating the 50-50 rule, not because of the amount of police calls. With regard to the 50-50 rule, he stated it is more than pure numbers of revenue for alcohol versus food, noting that other criteria should be taken into consideration. He stated that over the last three to four months, he has seen an improvement in their numbers; and he stated that it would be more appropriate for this business to close at 1:00 A.M., which is consistent with their ABC hours. He stated that in March, the amount of police calls attributed to this establishment weren’t as serious as other places on the Plaza and that if the Commission was to have selected on that basis, he would have selected other places on the Plaza to come before the Commission this evening, not The Shore establishment. Commissioner Pizer stated he has never been to The Shore; he stated his impression of The Shore was drawn from seeing ads in the paper, “all bottles half price every Tuesday evening”; their website indicating “happy hour and half-priced drinks, Tuesday through Friday,” “$3 beers,” etc., giving him the impression that it’s a restaurant in the early hours and a bar later in the evening. MOTION by Commissioner Hoffman to APPROVE staff recommendation with two modifications: Item No. 8, business to close daily at 1:00 A.M.; and Item No. 10, strike the last two paragraphs. Assistant City Attorney Feldman asked if the motion includes limiting live entertainment to 12:30 A.M. in the resolution. Commissioner Hoffman indicated yes. Assistant City Attorney Feldman read the change to Condition 8 as follows: “The hours of operation for all operations of the restaurant, including the bar area, shall be limited between 7:00 A.M. and 1:00 A.M. daily. The hours for live entertainment shall be limited to the hours between 9:00 P.M. and 12:30 A.M., Monday through Friday, and 2:00 P.M. to 12:30 A.M. on Saturdays, Sundays, Federal and State holidays, Cinco de Mayo, and St. Patrick’s Day. All customers shall vacate the premises by not later than 1:00 A.M. and all doors shall be locked.” The motion was seconded by Chairman Perrotti. The motion carried as follows: AYES: Darcey, Hoffman, Perrotti, Pizer NOES: Allen ABSTAIN: None ABSENT: None Excerpt Planning Commission Minutes July 15, 2008 11 CERTIFICATION I hereby certify that 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 July 15, 2008. ______________________________ _____________________________ Sam Perrotti, Chairman Ken Robertson, Secretary ______________________ Date Planning Commission Action Minutes August 19, 2008 1 ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON AUGUST 19, 2008, 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 7:00 P.M. by Vice Chairman Pizer. 1. Community Development Director Ken Robertson led the Salute to the Flag. 2. Roll Call Present: Commissioners Allen, Darcy, Hoffman, Vice Chairman Pizer, Absent: Chairman Perrotti Also Present: Community Development Director Ken Robertson Assistant City Attorney Lauren Feldman Senior Planner Pamela Townsend Associate Planner Angela Mason Assistant Planner Eva Choi 3. Oran /Written Communication Anyone wishing to address the Commission regarding a matter not related to a public hearing on the agenda may do so at this time. Jeff Duclos, Julie Jennings, Jim Lissner and Alan Benson addressed the Planning Commission regarding Upper Pier Avenue. Section I Consent Calendar 4. Approval of July 15, 2008 action minutes. ACTION: To approve the July 15, 2008 action minutes as presented. Motion by Commissioner Hoffman, seconded by Commissioner Allen. The motion carried by a unanimous vote, noting the absence of Chairman Perrotti. 5. Resolution(s) for approval a) Resolution P.C. 08-33 denying a Precise Development Plan for a 76-room hotel at 1081 - 1087 Aviation Boulevard and 1224 - 1226 Corona Street. b) Resolution P.C. 08-34 approving a Conditional Use Permit for outdoor dining in conjunction with restaurant use at 424 Pier Avenue. c) Resolution P.C. 08-35 denying a Conditional Use Permit for on-sale beer and wine in conjunction with restaurant use at 424 Pier Avenue. Planning Commission Action Minutes August 19, 2008 2 ACTION: To approve the above Resolutions P.C. 08-33, 08-34 and 08-35 as presented. Motion by Commissioner Hoffman, seconded by Commissioner Allen. The motion carried by a unanimous vote, noting the absence of Chairman Perrotti. Section II Public Hearing(s) 6. CON 08-9 -- Conditional Use Permit minor amendment to eliminate the condition to require roll-up automatic garage doors for a 6-unit condominium project at 640 - 650 Hermosa Avenue (continued from the July 15, 2008 meeting). Staff Recommended Action: To receive and file as the project was withdrawn by the applicant. ACTION: To receive and file. Motion by Commissioner Hoffman, seconded by Commissioner Allen. The motion carried by a unanimous vote. 7. CON 08-4/CUP 08-2/PARK 08-1/PDP 08-3 -- Precise Development Plan to construct a 6,400 square foot two-story commercial building with basement parking containing office and snack shop uses; a Conditional Use Permit for a commercial condominium and Vesting Tentative Tract Map No. 70364 to divide the parcel into 7 condominium units; a Conditional Use Permit for outdoor seating for the snack shop; a Parking Plan to calculate required parking based on retail use for the snack shop and to use tandem parking for required parking, and to compensate for less than required parking by subtracting common bathroom area from calculable floor area or by payment of in-lieu parking fees; and, a Mitigated Negative Declaration of Environmental Impacts, located on property at 205 Pier Avenue. This project has been modified and remanded back to the Planning Commission for review following the City Council reconsideration hearing. Staff Recommended Action: To approve said request. ACTION: To approve the above request with modification that the applicant to pay for two in-lieu parking spaces rather than subtracting the common bathroom area from calculable floor area. Motion by Commissioner Allen, seconded by Commissioner Hoffman. The motion carried by a unanimous vote, noting the absence of Chairman Perrotti. 8. CUP 08-9/PARK 08-3 -- Parking Plan to classify a café as a snack shop for purpose of calculating parking requirements and to include possible payment of an in-lieu fee for less than required parking, and Conditional Use Permit for outdoor dining and outdoor gatherings at 238 Pier Avenue, Gum Tree. Staff Recommended Action: To approve said request. ACTION: To approve said Parking Plan and Conditional Use Permit with additional language on Condition No. 8 of page 3 of the proposed resolution to read "...in place of any required parking not supplied onsite shall be deposited...". Motion by Commissioner Hoffman, seconded by Commissioner Allen. The motion carried by a unanimous vote, noting the absence of Chairman Perrotti. Planning Commission Action Minutes August 19, 2008 3 9. TEXT 08-4 -- Text amendment to allow educational institutions in the C-3 zone as a conditional use and amend the definition and parking requirements pertaining to said uses. Staff Recommended Action: To recommend approval of said Text Amendment. ACTION: To recommend approval of said Text Amendment. Motion by Commissioner Hoffman, seconded by Commissioner Allen. The motion carried by a unanimous vote, noting the absence of Chairman Perrotti. 10. TEXT 08-3 & TEXT 08-5-- Text amendment regarding elements that may be constructed above the height limit: a) To allow alternative energy devices and, b) To clarify standards for portable shade structures on roof decks. Staff Recommended Action: a) To approve in principle the conceptual development standards for renewable energy systems. b) To recommend approval of the Text Amendment exempting portable shade canopies from the height limits under specified conditions. ACTION: 10a) To continue subject Text Amendment to the September 16, 2008 meeting and direct staff to prepare a presentation on wind technology and the relevant state regulation. Motion by Commissioner Hoffman, seconded by Commissioner Allen. The motion carried by a unanimous vote, noting the absence of Chairman Perrotti. ACTION: 10b) To continue subject Text Amendment to the September 16, 2008 meeting and direct staff to consider portability of the structure and duration of the use. Motion by Commissioner Hoffman, seconded by Commissioner Allen. The motion carried by a unanimous vote, noting the absence of Chairman Perrotti. Section III Hearing(s) 11. A-14 -- Appeal of Director’s Decision for the grade used for the height measured in a convex sloping lot at 2021 Monterey Boulevard. Staff Recommended Action: To direct staff as deemed appropriate. ACTION: Planning Commission consensus is to determine by minute order that this is a convex slope and that the top of the retaining wall represents natural grade. Section IV 12. Staff Items a. Report on the City’s parking in-lieu fee program, and methods for calculating parking requirements for commercial projects (continued from the July 15, 2008 meeting). ACTION: Planning Commission consensus is to receive and file. Planning Commission Action Minutes August 19, 2008 4 b. Bottle service and preemption regarding Alcohol Beverage Control licenses. ACTION: To receive and file. Motion by Commissioner Hoffman, seconded by Commissioner Allen. The motion carried by a unanimous vote, noting the absence of Chairman Perrotti. c. Automatic extension of expiration date on vesting tentative maps for twelve (12) months. ACTION: Planning Commission consensus is to receive and file. d. Tentative future Planning Commission agenda. e. Community Development Department Activity Report of May, 2008. 13. Commissioner Items 14. Adjournment The meeting was formally adjourned at 10:12 P.M. CERTIFICATION I hereby certify that 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 August 19, 2008. ______________________________ _____________________________ Ron Pizer, Vice Chairman Ken Robertson, Secretary ______________________ Date P.C. RESOLUTION 08-X A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ON `SALE BEER AND WINE AND OUTDOOR DINING IN CONJUNCTION WITH RESTAURANT USE AT 140 PIER AVENUE, LEGALLY DESCRIBED AS LOTS 13 & 14, FIRST ADDITION TO HERMOSA BEACH The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by New Orleans Restaurant seeking approval for on sale beer and wine and outdoor dining in conjunction with a restaurant with minor alterations to the interior layout to reduce interior seating and install one additional bathroom. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Conditional Use Permit 08-8 on September 16, 2008, at which time testimony and evidence, both oral and written, was presented to a considered by the Planning Commission. Section 3. Based on the Staff Report, testimony and evidence received, the Planning Commission makes the following factual findings: 1. The site is zoned C-2, Restricted Commercial, allowing restaurant uses, including outdoor dining and on sale beer and wine with approval of a Conditional Use Permit, and no additional parking is required due to reduction of seating. 2. Applicant to convert a portion of the interior space to 186 square feet for outdoor dining for not more than 10 people and to install two bathrooms in compliance with Los Angeles County Health Department standards for premises serving alcohol onsite. Based on the foregoing, the Planning Commission makes the following findings: 1. Pursuant to H.B.M.C. Sections 17.40.020 and 17.40.080 the site is suitable for the proposed outdoor dining and on sale beer and wine in conjunction with a restaurant use and is compatible with surrounding commercial and residential uses as stated in the staff report; concerns arising from the proposal can be mitigated through the conditions required by this resolution. Section 4. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15303, Class 3(c) New Construction or Conversion of Small Structures as the infill project is located in an urbanized area, involves minor exterior alterations to the urban lot, and all necessary public service, access and facilities are available. Section 5. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 08-8, subject to the following Conditions of Approval: 1. Interior and exterior building operations and the continued use and operation of the restaurant shall be substantially consistent with the plans approved by the Planning Commission on September 16, 2008 (Drawing Title ‘Proposed Floorplan, A-1.1 Received June 8, 2008). Minor modifications to the plans required to comply with project conditions or codes may be approved by the Community Development Director. 2. The hours of restaurant operation, including outdoor/patio dining, shall be limited to 7am to 10pm daily. 3. There shall be no stand-up bar area and only seated patrons upon the licensed premises may be provided sales, service or consumption of alcoholic beverages. 4. All beer and wine shall be consumed on the premises and the sale of alcohol in take- away cups for consumption off the premises is prohibited. 5. All structures associated with restaurant use, including outdoor dining facilities and other landscaping features, shall be located wholly within the site boundaries. Outdoor dining and/or placement of associated objects on the sidewalk is prohibited and no encroachment permit shall be granted, unless and until the CUP is amended to authorize such use. Planters or bike racks may be permitted on the sidewalk subject to the granting of an encroachment permit. 6. The business shall ensure one (1) managerial staff member familiar with the terms of this Conditional Use Permit is onsite at all times during the hours of 4pm to 10pm daily to provide adequate patron supervision and to minimize the risk of loitering, unruliness and boisterous activities of patrons on and immediately outside the premises. 7. Outdoor dining shall not adversely affect the welfare of residents and/or commercial establishments nearby. No entertainment, amplified speakers, televisions or similar devices are allowed in the outdoor patio area. 8. Noise emanating from the property shall be within the limitations prescribed by Hermosa Beach’s Municipal Code Chapter 8.24 and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 9. Should the City consider the premise to be generating a noise problem, the City may instigate noise monitoring at the applicant’s expense and/or may require noise mitigation measures at the property. 10. The Police Chief may determine that, if a continuing police problem occurs at the premises, she or he may require the establishment to provide approved security personnel to mitigate the problem; this security personnel shall only be appointed following written approval by the Police Chief. 11. If the Police Chief deems it necessary to require that the establishment provide approved security personnel, the Police Chief shall submit a report to the Planning Commission, which will trigger a review of this Conditional Use Permit by the Planning Commission. 12. Any installation of exterior lighting shall be downcast, shall not shine on neighboring properties, and bulbs shall not be visible to occupants of adjoining residences, and shall be the minimum intensity necessary for the intended use. 13. The exterior of the premises shall be maintained in a neat and clean manner and maintained free of graffiti at all times. 14. The runoff from washing and/or rinsing of restaurant equipment, including floor mats, food preparation utensils and other coverings, shall drain to the sewer system only; under no circumstances shall grey water from the site drain to the storm water system. 15. The project shall comply with the requirements of the Building, Fire and Public Works Departments. 16. Solid waste facilities/containers adequate for the use and fully screened shall be maintained in compliance with Municipal Code Section 8.12.220. 17. A notice displaying the maximum occupant capacity for fire safety shall at all times be clearly displayed inside the premises and viewable from the public dining area. 18. The Planning Commission shall conduct a review of the restaurant operations for compliance with the terms of the Conditional Use Permit and all relevant Municipal Code standards on an annual basis as part of the annual review of restaurants in Hermosa Beach and/or in response to any complaints arising from the use of the premises 19. After reviewing this Conditional Use Permit, the Planning Commission may amend the above conditions and/or impose any new conditions deemed necessary to mitigate detrimental impacts on the neighborhood arising from use of the premise. 20. Building plans/drawings submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. 21. The Conditional Use Permit shall not be effective until all procedures prescribed under Chapter 17.56 of the H.B.M.C. and all Conditions of Approval have been complied with. The Conditional Use Permit shall be null and void two (2) years from the date of approval unless building permits have been obtained. The applicant may apply in writing for an extension of time to the Planning Commission prior to the date of expiration. Section 6. The operation of the business shall comply with all applicable requirements of the Municipal Code; 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 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. Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this Conditional Use Permit. The City shall promptly notify the Permittee of any claim, action or proceeding and the City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of any claim, action or proceeding, or the City fails to cooperate fully in the defense, the Permittee shall not thereafter be responsible to defend, indemnify or hold harmless the City. Permittee shall reimburse the City for any court and attorney’s fees that the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the Permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action but such participation shall not relieve the Permittee of any obligation under this Conditional Use Permit. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit shall be recorded and proof of recordation shall be submitted to the City of Hermosa Beach. Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a court of law, all other conditions shall remain valid and enforceable. Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 08-X is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of September 16, 2008. Sam Perrotti, Chairman Ken Robertson, Secretary September 16, 2008_______ Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach OCTOBER 21, 2008 Project Title Staff Public Notice Meeting Date Date Rec’d Remarks 601 Pacific Coast Hwy—CUP for a car rental agency within an existing building. 10/9 10/21 8/25 Upper Pier Avenue Committee zoning recommendations 10/9 10/21 9/3 f:b95\cd\cd temp files\wpc - future agenda 11a