HomeMy WebLinkAboutPC Resolution 13-31 - (20 Pier, Silvio's BBQ)P.C. RESOLUTION 13-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT
AMENDMENT FOR ON -SALE GENERAL ALCOHOLIC BEVERAGES IN
CONJUNCTION WITH A RESTAURANT USE AT 20 PIER AVENUE, "SILVIO'S
BRAZILIAN BARBEQUE," LEGALLY DESCRIBED AS THE NW 45' ON THE
NE LINE OF LOT 4, BLOCK 12, HERMOSA BEACH
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Silvio's Brazilian Barbeque on property owned by
Paul Hennessey seeking approval for on -sale general alcoholic beverages in conjunction with an
existing restaurant in exchange for reducing hours of operation and to close at 11:00 p.m. Sunday
through Wednesday, and 1:00 a.m. the morning following Thursday, Friday and Saturday, State and
Federal holidays, Cinco de Mayo, St. Patrick's Day, and Brazilian Independence Day (Sept. 71h), at
20 Pier Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the application for a Conditional Use Permit Amendment 13-9 on October 15, 2013, at which
testimony and evidence, both oral and written, was presented to and considered by the Planning
Commission.
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 general
alcoholic beverages with approval of a Conditional Use Permit.
2. The existing restaurant with on -sale beer and wine is operating under the Conditional Use
Permit issued in 1983 pursuant to Resolution B.Z.A. 154-493 which allows on -sale beer and
for on -sale beer and wine in conjunction with a restaurant. Outdoor dining on Pier Plaza is
allowed pursuant to an encroachment permit. The interior dining room contains dining room
tables, 12 bar seats, and 13 televisions.
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 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.
Section 4. Based on the foregoing factual findings the Planning Commission makes the
following findings pertaining to the amendment of a Conditional Use Permit Amendment pursuant
to Subsections H, I and J of 17.40.020 and Subsection (13)(3)(c) of 17.40.080 of the Municipal
Code:
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1. The proposal will result in an intensification of the use due to allowance for beverages with
higher alcohol content and lower ratio of food to alcohol sales (50:50);
2. The proposal 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;
3. While the proposal will result in a reduction of 15 late -night hours per week, it will only
reduce late -night hours by three per week on weekends and holidays at which time the
concentration of such establishments and people on the Plaza and in the downtown is
greatest and increase the potential for noise and behavioral problems, and impacts to
residential and commercial uses;
4. The concentration of establishments that assume the character of a bar requires increased
police presence which increases costs to the City and impacts the capacity to service other
areas of the city; and
While the application proposes to decrease late -night hours, the increased intensification
resulting from the change to on -sale general alcohol, which includes allowance for increased
alcohol versus food sales and maintaining late -night hours on weekend and holidays,
together with bar seating and number of televisions, decrease the likelihood of operation as a
bona fide restaurant on the weekends and holidays and increased focus on bar activity with
the potential for impacts as stated above and conditions cannot be identified which would
offset the adverse impacts sought to be reduced by the reduction in hours.
Section 5. Based on the foregoing, the Planning Commission hereby denies the request for
Conditional Use Permit Amendment 13-9.
Sectionmmm6m. The decision is not subject to the California Environmental Quality Act which
does not apply to projects that are denied.
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,
VOTE: AYES: Comms.Allen,Flaherty,Pizer
NOES: Comm.Perrotti,Chmn.Hoffman
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 13-31 is a true and complete record of the action
California��t i by the Planning Commission of the City of Hermosa Beach, Ca i or � is regular meeting
of'Oo r 15,
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...
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c" il' Chairman 1 ''l1�obien �
Pete 6 � t:�on, Secretary .......�._
October 15 2013
Date