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Home My WebLink AboutPC Resolution 13-26 - (1238 Hermosa) Cafe BoogalooP.C. RESOLUTION 13-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO DENY A REQUEST TO AMEND THE CONDITIONAL USE PERMIT BY MODIFYING HOURS OF OPERATION AND FOR LIVE ENTERTAINMENT AT AN ESTABLISHMENT WITH ON -SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT (PREVIOUSLY "CAFE BOOGALOO"), AT 1238 HERMOSA AVENUE, LEGALLY DESCRIBED LOT 5, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH, HERMOSA BEACH, CALIFORNIA Section 1. An application was filed by SUS Hermosa LLC pursuant to Chapter 17.56. of the Hermosa Beach Municipal Code (H.B.M.C.) seeking to modify the late -night hours of an existing restaurant with on -sale general alcohol that closes at midnight daily and with live entertainment that ceases daily at 11:30 p.m. (previously Cafe Boogaloo), to allow it to close at 1:00 a.m. on the day following Thursday, Friday, and Saturday nights, Federal and State holidays, Cinco de Mayo, and St. Patrick's Day; and to allow live entertainment from 9:00 a.m. Thursday, Friday, and Saturday nights, Federal and State holidays, Cinco de Mayo, and St. Patrick's Day to 12:30 a.m. the following day. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application to amend the conditional use permit (CUP 13-7) on August 20, 2013, at which time testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. Based on evidence received at the public hearing, both written and verbal, the Planning Commission makes the following factual findings: A. The Conditional Use Permit (CUP) for Cafd Boogaloo, a restaurant with on -sale general alcohol and live entertainment at 1238 Hermosa Avenue, was modified in March 2013 per City Council Resolution 13-6837 pursuant to revocation/modification hearings to reduce adverse impacts associated with operation of the business. The business subsequently closed and remains closed. The property owner has secured as a new tenant the applicant, who proposes to extend the hours of operation and live entertainment as follows: CUP Hours of Operation _ Hours for Live Entertainment Current CUP (City 8:00 a.m. to 12:00 4:00 p.m. to 11:30 p.m. on Monday to Council Resolution 13- midnight daily Friday, and 9:00 a.m. to 11:30 p.m. on 6837) Saturday, Sunday, Federal and State holidays, Cinco de Mayo, and St. ................W�_........................................._._._...._._.........._........,,....... .......... Patric s D.a......._..................�......,...... .._.__ Applicant's requested Change to close at 1:00 Change to 9:00 a.m. Thursday, Friday, modification to CUP a.m, the day after Saturday, Federal and State holidays, Thursday, Friday, Cinco de Mayo, and St. Patrick's Day Saturday, Federal and State to 12:30 a.m. the next day holidays, Cinco de Mayo, and St. Patrick's D 1 B. The findings supporting modification of the CUP included that "The conditions of approval are found to be inadequate to mitigate the impacts of the uses allowed by the permit, and the public health, safety and welfare merit modification of the permit. The combination of operational issues identified above, combined with late -night hours and live entertainment, have created an emphasis on bar or nightclub activity rather than restaurant use and the impacts identified above. The operation is not properly conditioned to accommodate nightclub activity. Modified conditions to reduce identified impacts and security concerns and focus the business on a safe restaurant use with alcohol and live entertainment as incidental uses, rather than on bar or nightclub use, have been identified, including a reduction of hours, and are incorporated into this modified CUP." C. On July 31, 2013 the Community Development Department approved a revised floor plan submitted by the project applicant which maintains required fixed seating, does not increase bar seating, eliminates the DJ booth, does not intensify the use or exceed current occupant load, and is generally consistent with CUP Condition No. 1. D. The applicant's proposal would require modifications of the CUP as relates to Conditions No. 5 to 7, as follows: 5. Hours of operation shall be limited to 8:00 a.m. to 12:00 midnight daily. All alcohol sales, service and consumption shall cease and all customers shall vacate the 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. 6. To allow for an adequate monitoring period, no extension of operating hours shall be considered or permitted for at least one year from the date of this Resolution. 7. The hours for live entertainment shall be limited to 4:00 p.m. to 11:30 p.m. on Monday through Friday, and from 9:00 a.m. to 11:30 p.m. on Saturdays, Sundays, Federal and State holidays, Cinco de Mayo, and St. Patrick's Day. E. H.B.M.C. Section 17.40.080(B) is designed to reduce the potential for adverse impacts associated with late -night alcohol beverage establishments and applies to CUP amendments. Section 17.40.080(B)(1) establishes as an objective, to reduce the potential for adverse impacts associated with late -night alcohol establishments by preventing an increase in the cumulative number of hours that these establishments operate after 11:00 p.m. and preventing changes in operating rights that may result in adverse impacts. Pursuant to Section 17.40.080(B)(2)(c) one of the criteria that the Planning Commission must consider for amendment of a CUP is whether proposed modifications to floor plans, conditions of approval, type of alcoholic beverages served (beer and wine versus full alcohol service), or other factors may increase adverse impacts. Section 4. Based on the foregoing factual findings, the Planning Commission finds the proposal to amend the Conditional Use Permit is inconsistent with H.B.M.C. Sections 17.40.080(B) and 17.40.020 and Condition No. 6 of the CUP, based on the following findings: 2 A. The CUP runs with the property and represents the rights and responsibilities of any business conducted on the property subsequent to the CUP modification, and the CUP was modified prior to the tenancy of the applicant. The City Council has established via Condition No. 6 of the CUP that one year is the minimum amount of time required before an application to extend hours may be considered, at which time the Planning Commission would consider all relevant facts, ordinances and policies. B. Notwithstanding that a monitoring period allows the City to determine whether a business is operating under the revised CUP conditions without adverse impacts and whether it can be reasoned that the conditions would provide adequate controls as relates to a proposed change in the operation, pursuant to Section 17.40.080(B) the Commission must still consider whether the proposal to amend the CUP would be consistent the objectives and criteria in that section. C. There are at least 17 late -night establishments in the downtown area bounded by The Strand and Manhattan Avenue, and 8t" and 16t" Streets. The proposal would result in an increase in the cumulative number of hours of late -night establishments. The city has determined based on experience and empirical evidence that late -night on -sale establishments, and especially those with live entertainment, tend to emphasize nightclub activity rather than bona -fide restaurant use after 11:00 p.m., with an attendant increased potential for adverse impacts such as intoxication, unruly behavior, noise, and safety issues within and in the immediate vicinity of the establishment inconsistent with Section 17.40.080(B). Such activity has shown the potential to exacerbate negative impacts experienced in the downtown area, which exhibits a high concentration of alcohol - serving establishments, especially on weekends and holidays which are the times proposed by the applicant to extend hours of operation and live entertainment. This concentration and increase in cumulative hours also impacts law enforcement services by requiring that a disproportionate share of the law enforcement resources available for the city as a whole be allocated to this area and therefore impacts city services inconsistent with Section 17.40.020(J). D. While the applicant states that a requirement to close the establishment and lock the doors by 12:00 midnight means the operation must start to close down much earlier, the CUP is granted to allow on -sale alcohol and live entertainment in conjunction with a bona fide restaurant. The city has determined based on experience and empirical evidence that late -night on -sale establishments, and especially those with live entertainment, tend to emphasize nightclub activity rather than bona -fide restaurant use after 11:00 p.m., thereby generating the adverse impacts stated above. Section 5. The decision is not subject to the California Environmental Quality Act which does not apply to projects that are denied. Section 6. Based on the foregoing, the Planning Commission hereby denies the proposed Conditional Use Permit Amendment. 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. 3 VOTE: AYES: Comms.Flaherty,Perrotti,Pizer,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: Comm.Allen CERTIFICATION I hereby certify the foregoing Resolution P.C. 13-26 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 1'. I 'Ll ,t 210, 2013. 13cl, - l o "Nl i�i, Chairman " o11c tsoii, Secretary August 20, 2013 Date 4