HomeMy WebLinkAboutPC Resolution 15-17 - (1332 Hermosa Ave)P.C. RESOLUTION 15-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, TO REVOKE A CONDITIONAL
USE PERMIT TO ALLOW ON -SALE GENERAL ALCOHOL AND LIVE
ENTERTAINMENT, IN CONJUNCTION WITH AN EXISTING
RESTAURANT (`THE ESTABLISHMENT% AND RESCINDING C.C.
RESOLUTION 08-6617, AT 1332 HERMOSA AVENUE, LEGALLY
DESCRIBED AS LOTS 10, 11 & 12, BLOCK 34, FIRST ADDITION TO
HERMOSA BEACH TRACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. The Planning Commission conducted a duly noticed public hearing to
consider the revocation or modification of the Conditional Use Permit (CUP) governing the
business at 1332 Hermosa Avenue, granted by the City Council on September 23, 2008 (C.C.
Resolution 08-6617), and amended by the City Council (C.C. Resolution 12-6780) which allows
on -sale general alcohol and live entertainment in conjunction with an existing restaurant (`The
Establishment') at 1332 Hermosa Avenue. Said hearing was conducted pursuant to Section
17.70.010 of the Hermosa Beach Municipal Code on May 19, 2015, at which testimony and
evidence, both written and oral, was presented to and considered by the Planning Commission.
Section 2. Based on evidence received at the public hearing, the Planning Commission
makes the following findings in support of revoking the Conditional Use Permit, pursuant to
Section 17.70.010(D) of the Hermosa Beach Municipal Code:
1. That the permit granted is being exercised contrary to the terms or conditions of such
approval. The permittee is authorized to operate under the terms of the Conditional Use Permit
for the subject property as set forth in City Council Resolutions 08-6617 and 12-6780.
Specifically the applicable condition number 3 of Resolution 08-6617 requires that the permittee
submit audited and certified summaries of gross receipts of food an alcohol sales to the City on a
quarterly basis. As set forth in the May 19, 2015 Planning Commission staff report, the permittee
has repeatedly failed to comply with ongoing requests by the City to provide sufficient records of
food and alcohol sales in accordance with this condition of the permit.
2. Additionally the City Council has directed the City's consultant to conduct forensic
audits of on -sale establishments, including "The Establishment" commensurate with the City's
appointment of a qualified auditor in February 2012. The permittee has not cooperated with the
City's consultant and has failed to provide sufficient data relating to food and beverage sales for
the City to complete this audit, as further set forth in the May 19, 2015 Planning Commission
staff report.
3. Notwithstanding recent changes to the Hermosa Beach Municipal Code definition of a
restaurant under Section 17.04.050, with no audited information to confirm that the premise is
providing 50% of its gross sales receipts from the sale of food that is prepared onsite, the City's
hired consultant, and therefore, the Planning Commission cannot determine whether the premise
is operating as a bona fide restaurant as set forth under Section 17.40.080.
4. Based on the findings above, the Commission finds that sufficient grounds exist for
revocation of the permittee's Conditional Use Permit to allow on -sale general alcohol and live
entertainment, in conjunction with an existing restaurant (`The Establishment') at 1332 Hermosa
Avenue.
Section 3. Based on the foregoing, and pursuant to Section 17.70.010 of the H.B.M.C.,
the Planning Commission hereby revokes the Conditional Use Permit for on -sale alcohol and live
entertainment in conjunction with a restaurant for the property at 1332 Hermosa Avenue.
Section 4. The Resolution to revoke this Conditional Use Permit shall be recorded, and
proof of recordation shall be submitted to the City Clerk. Permittee shall defend, indemnify and
hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding
against the City or its agents, officers, or employee to attack, set aside, void or annul this
Resolution, which action is brought within the applicable time period of the State Government
Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the
City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any
claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee
shall no thereafter be responsible to defend, indemnify, or hold harmless the City.
The permittee shall reimburse the City for any court and attorney's fees which 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 Resolution. Failure of the permittee to cease
any development or activity shall be a violation of this Resolution.
Section 5. 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: Comms.Allen,Perrotti,Pizer
NOES: Chmn.Flaherty,Comm.Hoffman
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution 15-17 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
May 19, 2015 and memorialized on June 16, 2015,
Micliad& Flaherty, Chairman
June ,16, 2„015
Date
Ken Robertson
, Secretary