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HomeMy WebLinkAboutPC Resolution 15-09 - (36 Pier Ave, Greenbelt)1 P.C. RESOLUTION 15-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO EXTEND HOURS FOR SALES, SERVICE AND CONSUMPTION OF BEER AND WINE FROM 10:00 P.M. TO 11:00 P.M. AND RESTRICTING HOURS OF OPERATION TO 11:00 P.M. DAILY , AND DENYING A REQUEST TO EXTEND HOURS FOR SALES, SERVICE AND CONSUMPTION OF BEER AND WINE AFTER 11:00 P.M., IN CONNECTION WITH A RESTAURANT AT 36 PIER AVENUE (GREENBELT) The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Michael Santormieri of Greenbelt Restaurant on property owned by Gerry Delin seeking approval of an amendment to a Conditional Use Permit for an extension of on-sale beer and wine service hours from 7:00 a.m. to 10:00 p.m., to 12:00 midnight daily in conjunction with an existing restaurant which is not restricted in operating hours. The applicant on March 16, 2015 submitted a modified request to extend hours for beer and wine from 10 p.m. to 12:00 midnight on Friday and Saturdays nights, and to 11 p.m. on Sunday through Thursday and to close the business at those times. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Conditional Use Permit Amendment 15-1 on March 17, 2015, at which testimony and evidence, both oral and written, was presented to and considered by the Planning Commission, at which time the Commission directed staff to return with a resolution to approve a CUP amendment to extend hours for sale, service and consumption of beer and wine fro 10:00 p.m. to 11:00 p.m. daily and to require the business to close by 11:00 p.m. daily. Section 3. Based on the testimony and evidence received, the Planning Commission makes the following factual findings: 1. The site is located on Pier Plaza within the downtown area of the City of Hermosa Beach and is zoned C-2, Restricted Commercial, which allows restaurant uses and on-sale beer and wine service with approval of a Conditional Use Permit. 2. The existing restaurant with on-sale beer and wine is operating under City Council Resolution 00-6059, which allows on-sale beer and wine in conjunction with a restaurant from 7:00 a.m. to 10:00 p.m., seven days per week. Outdoor dining on Pier Plaza is allowed pursuant to a Parking Plan approved per Planning Commission Resolution 13-2 and an encroachment permit. 3. The downtown area of the City of Hermosa Beach, which comprises Pier Avenue, Hermosa Avenue and Pier Plaza, currently contains close to 50 on-sale establishments of 2 which close to half are on-sale beer and wine. Currently on Pier Plaza there are 7 restaurants with beer and wine, and 12 restaurants and bars with general alcohol. 4. The City has adopted a late night intensification ordinance in 17.40.080(B) of the Municipal Code which seeks to reduce the potential for adverse impacts associated with late-night alcohol beverage establishments by, among other means, preventing an increase in the cumulative number of hours that these establishments operate after 11:00 p.m. Section 17.40.080(B)(3) provides incentives (such as modified operating rights like live entertainment, space for dance floors, etc.) that may be considered in exchange for reducing late night hours provided impacts associated with the change in on-sale operating rights can be mitigated. Section 17.40.080(B) further states, “In granting incentives, the Planning Commission, or City Council on appeal, shall find that the incentive does not exacerbate the adverse impacts sought to be reduced by the reduction in hours.” Section 4. The project is Categorically Exempt pursuant to Section 15303c of the California Environmental Quality Act because no physical changes to the premis es or surrounding will occur. Section 5. Based on the foregoing factual findings the Planning Commission makes the following findings supporting approval of a Conditional Use Permit Amendment to extend hours for beer and wine to 11:00 p.m. and to close the business at that time per Section 17.40.020, and disallowing the request to additionally extend hours for beer and wine and to close the business at 12 midnight on Friday and Saturday nights pursuant to Subsections H, I and J of 17.40.020 and 17.40.080(B) of the Municipal Code: 1. Allowing extension of hours for sale, service and consumption of beer and wine until 11:00 p.m. is consistent with Section 17.40.080(B)(1) which seeks to reduce the potential for adverse impacts associated with late-night alcohol beverage establishments by, among other means, preventing an increase in the cumulative number of hours that these establishments operate after 11:00 p.m. 2. Allowing the extension of hours to 11:00 p.m. will not result in adverse impacts because the occupant load is only 40 persons including the outdoor patio, no live entertainment is permitted, the time period is consistent with the dinner hour, there are no other on-sale establishments on the Plaza which close at an earlier time and therefore the extension of hours does not create a precedence, and the 11:00 p.m. close maintains staggered hours on the Plaza. 3. The proposal to extend hours for sale, service and consumption of beer and wine from to 12:00 midnight on Friday and Saturday nights is inconsistent with Section 17.40.080(B)(1) which seeks to reduce the potential for adverse impacts associated with late-night alcohol beverage establishments by, among other means, preventing an increase in the cumulative number of hours that these establishments operate after 11:00 p.m. Extension later than 11:00 p.m. would be inconsistent with the intent of Section 17.40.080(B)(3) which allows consideration of incentives to reducing late night hours 3 because the business typically closes by 11:00 p.m., alcohol service is restricted to 10:00 p.m. by the ABC License and the CUP, and therefore, closing the business by 12:00 midnight would not result in a decrease in actual late night operating hours. 4. The proposal to extend hours for sale, service and consumption of beer and wine from 10:00 p.m. to 12:00 midnight on Friday and Saturday nights will result in increased potential for the establishment to assume the character of a bar and for patrons to become intoxicated and thereby cause disturbances later into the night. Since a CUP runs with the land potential future changes in ownership, management or business model could result in additional late night impacts. 5. The proposal to extend hours for sale, service and consumption of beer and wine from 10:00 p.m. to 12:00 midnight on Friday and Saturday nights will add to the considerable concentration of such establishments and people on the Plaza and in the downtown especially on weekends and holidays, increasing the potential for noise and behavioral problems, and impacts to residential and commercial uses. These issues are well documented and ongoing: 9/11 /12 and 9/27/12 City Council Staff Reports - Late Night Ordinance: http://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=1999&meta_id=110427 http://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=2026&meta_id=111482 8/26/15 City Council Staff Report- On-Sale establishment issues http://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=3242&meta_id=157605 6. The Police Chief advises that an increase in hours in which alcohol may be sold on Pier Plaza given the concentration of late night establishments strains police services which may affect public safety and increase costs to the City and impacts the capacity to service other areas of the city. 7. The proposal to extend hours for sale, service and consumption of beer and wine from 10:00 p.m. to 12:00 midnight on Friday and Saturday nights is contrary to a stated objective of Section 17.40.080(B)(1) to ‘reduce the potential for adverse impacts associated with late night alcohol beverage establishments’ and conditions cannot be identified which would offset the adverse impacts sought to be reduced by the reduction in hours. Section 6. Based on the foregoing, the Planning Commission hereby approves a Conditional Use Permit Amendment to extend sales, service and consumption of beer and wine from 10:00 p.m. to 11:00 p.m. and to close the business by 11:00 p.m. daily at 36 Pier Avenue subject to the following Conditions of Approval: 1. The project shall be substantially consistent with submitted plans as reviewed by the Planning Commission on January 18, 2000. Modifications to the plan shall be reviewed and may be approved by the Community Development Director provided they do not intensify the use. 2. Hours of operation shall be limited to 7:00 a.m. to 11:00 p.m. daily. All alcohol sales, service and consumption shall cease and all customers shall vacate the 4 premises no later than the stated time of close and the entrance doors shall be locked. Staff may remain onsite after the business is closed to the public for the purposes of cleaning, site maintenance and securing the premise only. 3. The continued operation of the business shall be as a bona fide public eating establishment (1) whose primary function is the sale or offering for sale of prepared food during all hours it is open for business, and (2) that prepares food on -site in a kitchen capable of refrigerating and preparing food from its component ingredients. 4. City Council Resolution 00-6059 is hereby superseded and of no further effect. The Parking Plan per Planning Commission Resolution 13-2 to accommodate outdoor dining pursuant to Section 17.44.210 shall remain in force and effect. 4. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 5. The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business and in the parking areas. 6. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 7. The Police Chief may determine that a continuing police problem exists, and may authorize the presence of a police approved doorman and/or security personn el to eliminate the problem, and then shall submit a report to the Planning Commission, which will automatically initiate a review of this conditional use permit by the Commission. 8. The exterior of all the premises shall be maintained in a neat and clea n manner, and maintained free of graffiti at all times. 9. Any significant changes to the interior layout which would alter the primary function of the business as a restaurant shall be subject to review and approval by the Planning Commission. 10. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. Section 7. 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 Community Development Department.