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Home My WebLink AboutPC Resolution 18-07 - (50A Pier Av)4 a r t r r .. � a 1 I ` I ra a `r r • r` I' 1 1;, SECTIONJ, An application was filed by Fred Hann with "Patrick Molloy's" restaurant, on December 14, 2017, seeking an amendment to an existing Conditional Use Permit for floor plan with current hours of 7 am to 2 am daily with on -sale general alcohol and live entertainment located at • Pier Avenue (Patrick SECTION 2. ., Planning evidence,22, 2018, to consider the application to amend the Conditional Use Permit at which testimony and both ` and oral, # presented rand considered by the Planning r 1 SECTION 3. •,,..r on the testimony a received, a Planning r hereby denies ` applicant'srequest for an amendmentexisting Conditional. Permit for floor plan modificationsimplemented without required City authorization,conjunction #. night restauranton-sale general alcohol r rThe evidence presented to the'/ r 1 did notprovide th- Commission assurance that the proposed floor plan I. for the establishment were consistent with applicable City standards and that the floor plan changes would` adverse impacts. SECTION:..`r on the"testimony and er` . .r the Planning Commission the following factual fir, _ ` to the application to amendY Conditional a Permitrr The site is zoned a1 Commercial# alcohol ! live entertaimnent are conditionallypermitted 2. .' current ConditionalPermitwasamended and approved by Planning Commission Resolution *8to allow live entertainment with dancing and on -sale general alcohol conjunctionIrestaurant i► Restaurant hr r; to 7 am to 2 am daily while live entertainment`r to 9 pm to through1: 15 am Monday I and 2 pin to am on Saturdays/. Sundays and Federal and State holidays, Cinco de Mayo and St. Patrick's Days. 4 On SeptemberPatrick Molloy's confirmed for a televisionr production. Th., business owners of Patrick Molloy's were not notified that the business had been selected until September 20, 2017 due to the hidden camera elementof . show.. permit on September 14, 2017. Filming dates were September 20, 2017 through September 23, 2017 and floor plan modifications were completed on September 23, 2017. 5. Major floor plan modifications were made involving the addition of a DJ booth and a dance floor area located at the front (north) portion of the restaurant, addition of standing lounges with fixed counter tops and bar stools at the front (north) and rear (south) portions of the restaurant space; removal of a half wall separating the dining and bar areas; addition of new freestanding tables and chairs with pass through aisles; and addition of a dining bench and tables along the west wall and within the dining alcove. 6. A citation was issued to the business by the City on October 2, 2017, which noted that floor plans changes that occurred in late September 2017 were not consistent with City approved CUP floor plan and the occupant load floor plan. 7. In an effort to address the violation, the applicant submitted an application on December 14, 2017, to amend the existing Conditional Use Permit for floor plan modiflcations that wern. implemented without required City authorization. 8. Similar floor plan modifications were requested in 2000, and at that time the Planning Commission denied the plans based on concerns that the changes would make the business operate more like a bar than a restaurant, increase the occupant load and require additional parking. Based on the foregoing factual findings the Planning Commission makes the following findings to DENY the application for a Conditional Use Permit Amendment request to modify the floor plan pursuant to Sections 17.40.020, 17.020.080 and 17.40.090 of the Hermosa Beach Municipal Code: I . The establishment has not fully complied with Planning Commission Resolution 98-52, Conditi of Approval Nos. I and 10 requiring that modifications to any of the plans be reviewed and may approved by the Community Development Director and that any significant changes to the interi layout which would alter the primary function of the business as a restaurant be subject to revie and approval by the Planning Commission. Floor plan modifications were made involving t addition of a DJ booth and a dance floor area located at the front (north) portion of the restaur addition of standing lounges with fixed counter tops and bar stools at the front (north) and re (south) portions of the restaurant space; removal of a half wall separating the dining and bar area, addition of new freestanding tables and chairs with pass through aisles; and addition of a d ng bench and tables alothe west wall and within the dining alcove. The floor plan modificatiob were made without required City authorization pursuant to Condition of Approval Nos. I and 10 verified by City staff in October of 2017. 2. Hermosa Beach Municipal Code Section 17.40.080.Bwas adopted in 2012 and provides criteria which applies to "late -night alcohol beverage establishmentsdefined as on -sale establishments that have been granted a Conditional Use Permit (CUP) that allows the establishment to operate after 11:00 p.m., including restaurants, establishments that serve or allow alcoholic beverages as the primary use (e.g., bars), and establishments that provide live entertainment. The objective of HBMC 17.40.080.13 is to reduce the potential for adverse impacts associated with late -night alcohol beverage establishments by various means, including: limiting the total number of late- N night alcohol beverage establishments that operate in the citpreventing an increase in the cumulative number of hours that these establishments operate after 11:00 p.m.; preventing the expansion and intensification of late -night alcohol beverage establishments through increases in an establishment's assigned occupant load as a result of increases to square footage or floor plan alterations; preventing changes to floor plans, operating rights, type of alcoholic beverages served (beer and wine versus full alcohol service), or other factors that may result in adverse impacts; encouragin'i, A the voluntarp reduction in ijtermitted oCcerating hours in exchan e for other o(terational incentives, provided that the incentives do not exacerbate the adverse impacts sought to be reduced; and limiting new late -night alcohol beverage establishments and encouraging a diverse commercial sector in the city with a full -range of services for both residents and visitors that is compatible with the surrounding area. The proposed floor plan modifications increase the components of the establishment that function like a bar and decreases its functionality as a bona fide restaurant. For example, the new floor plan includes a dedicated dance floor that blocks access to the kitchen (which is essential to operating a bona fide restaurant), lounge areas and alcoves that are more conducive to bar/nightclub uses than restaurant uses, higher tables that are less conducive to sit down meal service, and flexible seating that can easily be moved to open up more standing space for bar/nightclub uses as opposed to sit down meal service. Flexible seating that can easily be moved and removed also makes it more difficult to control occupant loads in the space. Additionally, the physical separation that separates the bar and restaurants components of the establishment has been removed. For the reasons noted above, these are more indicative of a bar/nightclub use rather than a restaurant use, which do not follow the intent of the City's no -intensification policies. 3. A Conditional Use Permit is an entitlement that remains with the land, regardless of ownership, and there is no guarantee that the current operator will always operate the business. Future changes in the business plan or owner/management could result in poor management and an increase in adverse impacts. Thus, the floor plan changes must be appropriate regardless of the current operator's proposed menu and marketing. The proposed floor plan modifications, together with live entertainment and late night hours, tend to exhibit the characteristics of and facilitate -a W bar/nightclub atmosphere rather than a restaurant, with the potential for adverse behavior and impacts to neighboring residences and commercial uses. 4. The establishment is located within the Recreational Commercial (RC) General Plan land use area and within the Downtown District Character Area. General Plan Public Safety Goal 5.8 encourages Police Department review of uses which may be characterized historically by high levels of nuisance (noise, nighttime patronage, and/or rates of criminal activity) providing for conditions of control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar "sensitive" uses. The proposed floor plan modifications are more indicative of a bar/nightclub use rather than a restaurant use, thereby conflicting with General Plan Public Safety Goal 5.8. The modified floor plan, coupled with the existing permitted live entertainment, dancing and closing hours of 2 am daily, could lead to a bar/nightclub operation instead of a restaurant operation, and result in additional noise, disorderly behavior and disturbances, need for increased police services at the establishment, and impact nearby residential and commercial uses. SECTION 6. Based on the foregoing, the Planning Commission hereby DENIES the request for Conditional Use Permit Amendment 18-1, to modify the floor plan for an existing late night restaurant with on -sale alcohol, live entertainment and dancing at 50A Pier Avenue, Patrick Molloy's. SEC'"h"ION 7. Pursuant to Section 15270 of the `Guidelines for I�leinelItalio J of the California Environmental QualityAct CEQA), Title 14 of the California Code of Regulations, the project is not subject to CEQA because CEQA does not apply to projects which a public agency rejects or disapproves. SECTION 8. 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: Chairman Saemann and Commissioners Flaherty, Hoffman, Pedersen and Rice NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 18-7 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its adjourned regular meeting of January 22, 2018 and memorialized on February 20, 2018. n, Rob Saemann, Chairman February 20,,',�{118 LL wLL Date 110, ........ iobertsoi:�i, Secretary rd