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Home My WebLink AboutPC Resolution 15-02 - (TEXT 14-4 Restaurant and bars)RESOLUTION P.C. 15-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A TEXT AMENDMENT TO THE MUNICIPAL CODE AMENDING THE DEFINITION OF RESTAURANT AND STANDARDS FOR ON -SALE ESTABLISHMENTS. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. Pursuant to direction of the City Council on August 26, 2014, the Planning Commission held a duly noticed public hearing on December 3, 2014 and January 20, 2015 to consider amending the Municipal Code to modify provisions relating to the definition and standards for restaurants, bars, places with live entertainment, and on -sale alcoholic beverage establishments including the food to alcohol sales ratio, and determination that the project is categorically exempt from the California Environmental Quality Act (TEXT 14-4) and all testimony, both oral and written, was presented to and considered by the Commission. SECTION 2. The project is exempt from the Environmental Quality Act per Section 15061(b)(3) of Title 14 of the California Code of Regulations on the basis that the amendment is minor in nature and makes essentially administrative changes to the definition of restaurant and clarifies the manner in which on -sale establishments may operate, and which do not affect the potential, location, number, or intensity, or have the potential for any physical effects relating to these uses as the result of the project. SECTION.. 3. The Planning Commission of the City of Hermosa Beach hereby recommends City Council approval of the following amendment to the Hermosa Beach Municipal Code: 1. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended by amending the following use in the alphabetical list of uses as follows: "Restaurant" means an establishmentwhoserimarX function is the Sale or offering for saleof1argp�q!q food dorin, all liout.. s ol�ct� liar bgsi:ness ar�c1 '2 tha�w��afw�l s Food oil- ..._......_m p ng and4 �^el arm�wnt ingredients. site in a kitchen capable of refrie food from its compone _f S61, 1 2. Section 17.40.080 of Chapter 17.40 of Title 17 of the Hermosa Beach Municipal Code is hereby amended by adding a new subsection C to read as follows: C. Restaurants with on -sale alcoholic beverages. Any "restaurant" as that term is defined in Section 17.04.050 Ifiat sells, serves or allows on -sale alcohol bcvqjAM,�_,�!,Li W ,-!I coniply ith the following: `['lie restaurant shall allow �_toL)ersqjj,_�, ij�LeL21 year s_qf hours that the business is open for operation daily. 2. If open after 11:00 p.m., t - e restaurant shall make available to customers and serve a variety of prepared food items until thirty (30) minutes prior to the close of business. 3. The restaurant shall maintain sales reports showing the actual items sold and pric el "arec rand inweaices forrr!,'qpc!non-alcoholic beyrages and alcohoA bcn�wes sold N'ol bey �qr the prior twelyc_._(LZ)...mpnths, Should the PIanning_(:pmm.Jssion or City Eouncil initiate a CUP inodification, or revocation _p AgE,_�Sectjon 17,70.010, the Corninission, or ITthc City Council, i1aqY_qt its discretion__!W�elqirc the sut)ject bLASiDCSS to llrctvrcle ml a statenient of" the Derc�Llltaggof gtqss _s N s,_ce'zrraprrt el_rnqntlfly, that resulted frorn the sale eft p [qpqyed food, for not joqgg th n the prior twelve 0 2) months, and (2) the stjp rfi,ijg n which the percentage is based, Tiie ji33 data uvo anning Commission. or Couricil. may also require an audit of the records of the business by certified public accountant to determine the gross salesm of food and alcohol or a forensic audit by a qualified auditor selected by the city of the information and data systems by which the information is produced. The result audits may e used --h . used to (Jeterinine whether the grounds fbr tnodification or revocation ex�ist. When considering revocation or modification under Section 17.70.010(H), a restaurant that sells or Drovides on -sale alcoholic beverages will be., resumed to be operating as restaurant if the monthly food to alcohol sale ratios are consistent with the ratios..in Section 17.70.010(H). 3. Section 17.70.010 of Chapter 17.70 of Title 17 of the Hermosa Beach Municipal Code is hereby amended by adding a new subsection H to read as follows: 11. For a restaurant with on -sale aIc(,h( lie beveplines the business is not (�) !m a I —It ia 9 - ILIs restaurant because the priniary function offlie operation is the sale or olferintig for sale of alcoholic bevej.-gggs and not the sale or ojIkrjjX _fhr�We of"I'ood, A food to alcohol sales ratio pr Vides a quantitative 'too] to hel, evaluate whether the business restaurant whose pdm4!y _hnction is the sale or offiering for sale of food. as oplaosed to a business %vhwip, j2r[Lnq!:y pqrpos�� is tf'te ll of alcoholic bevera es.�.For...p Ljrppses of detenninin' whether this fijjLIjn,I g , can an on -sale restaurant that sells or provides ' — _jjjq& beer and wine and maintains a minimum of sixty-five (65) percent of the total gross sales, com utedmIT monthlv, firorn the sale of food is presumed to be a restaurant. An on -sale restclUrant that sells oUiq�oyides alcoholic beycr4ges either than exclusivcL�Lbcer and wine, an(l niaintains a niiijill'iLlIn offi__,L _,X qgi_qftjj fty 5D qp e t s sales, comLiuted --' months from the sale of food is presumed to be a restaurant. An on -sale restaurant that does not meet i(q1iee,"�",ercen1ag_qs igs the btirden of demonstratitH) that it as a, restaurant, as that term is defined in Section 17.04.050. Reftisal to pr ovide the inf"ormation rNyested tinder Section 1,7,40.080C (131 wit1lin six( ...((i D)_days shall he deemed prima facie evidence that the business is not oneratin', as a restaurant, VOTE: AYES: Comms. Hoffman, Perrotti, Pizer, Chmn. Flaherty NOES: Comm. Allen ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 15-2 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of Jantutry 2Q, 2015. ... ... . ... Michael Flaherty, Chairman' January 20, 2015 Date Sri K) I secret",try