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Home My WebLink AboutPC Resolution 12-17 - (TA no intensification)P.C. RESOLUTION NO. 12-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVE A TEXT AMENDMENT TO INCORPORATE THE "NO INTENSIFICATION OF LATE NIGHT ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS" POLICY INTO THE MUNICIPAL CODE The Planning Commission hereby resolves and orders as follows: SECTION 1. On March 13, 2012, the City Council adopted Resolution 12-6789 titled `No Intensification of Late Night On -Sale Alcoholic Beverage Establishments' and directed the Commission to address ways to negotiate earlier closing times in exchange for parking, cash or in -kind incentives/concessions, and possible code amendments to incorporate pertinent sections of the No Intensification Policy into the Municipal Code to assist in decision -making for conditional use permits (CUP) for new or modified businesses. SECTION 2. On May 15, June 19 and July 17, 2012, the Planning Commission held public hearings at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. The Commission determined a limit or cap on the total number of operating late night on -sale alcohol -serving establishments citywide would assist in decision -making, the incentives should exclude parking due to parking scarcity throughout the City, and that changes other than number of establishments, hours or occupant may constitute intensification and should be considered. The Commission identifies 40 establishments with CUPS for alcohol -serving uses (excluding those that have not been operational for more than one year) that allow hours later than 11:00 p.m. and therefore recommends an initial limit of 40 establishments. SECTION 3. The proposed text amendment is consistent with the City's General flan Land Use and Economic Development Elements to promote enterprises that contribute to the vitality and diversity of the city's commercial base as well as supporting visitor serving uses in the Coastal Zone consistent and reduce potential impacts to nearby residential land uses consistent with the Land Use Element. SECTION 4. The amendment is exempt from the requirements of the California Environmental Quality Act because the amendment involves administrative procedures and determinations associated with the granting of conditional use permits for new or modified on -sale alcohol beverage establishments open after 11:00 p.m. in order to ensure adverse impacts, such as noise, impacts on surrounding uses, and demand for city services are not increased. Each specific project will be subject to a discretionary conditional use permit process and each project is likely to be exempt from CEQA per Guidelines Section 15301 or 15303 because each project would likely involve minor changes to existing buildings or operations therein and/or conversion of an existing commercial use within an existing building, and/or 15332 involving construction of a new commercial building and establishment of a subject use, and any construction exceeding the limits of 15332 would be concurrently subject to a precise development plan which is subject to CEQA. SECTION 5. The Planning Commission of the City of Hermosa Beach hereby recommends City Council approval of a zone text amendment to incorporate the City's "No Intensification of Late Night On -Sale Alcoholic Beverage Establishments" into the Municipal Code as follows: 1 r A. Section 17.40.080 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: 17.40. 080 On -sale alcohol beverage establishment. A. General provisions. The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted use in the vicinity, may be required: 1. A. The establishment shall not adversely affect ef€ee the welfare of the residents, and/or commercial establishments nearby. 2.14. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the business or in the immediate area. 3. C. The Police Chief may determine that a continuing police problem exists, and may, subject to the review of the planning commission, direct the presence of a police approved doorman and/or security personnel to eliminate the problem. If the problem persists the chief then shall submit a report to the planning commission, which will automatically initiate a review of this conditional use permit by the commission. 4. O. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 5. B. Any changes to the interior or exterior layout which alter the primary function of the business shall be subject to review and approval by the planning commission. B. Late -night alcohol beverage establishments. The following shall additionally apply to "late - night alcohol beverage establishments". Late -night alcohol beverage establishments means on -sale establishments that have been granted a conditional use permit that allows the establishment to operate after 11:00 p.m., including restaurants establishments that serve or allow alcoholic beverages as the primary use (e.g., bars), and establishments that provide live entertainment. 1. Objective. The objective of this Subsection B is to reduce the potential for adverse impacts associated with late -night alcohol beverage establishments through the following means: a. To limit the total number of late -night alcohol beverage establishments that overate in the City, and to prevent an increase in the cumulative number of hours that these establishments operate after 11:00 p.m. b. To prevent the expansion an intensification of late -night alcohol beverage establishments through increases in an establishment's assigned occupant load as a result of increases to square footage or floor plan alterations. c. To prevent changes to floor plans operating rights, type of alcoholic beverages served (beer and wine versus full alcohol service), or other factors that may result in adverse impacts. d. To encourage the voluntary reduction in permitted operating hours in exchange for other operational incentives provided that the incentives do not exacerbate the adverse impacts sought to be reduced. e. To limit new late -night alcohol beverage establishments and encourage a diverse commercial sector in the City with a full -range of services for both residents and visitors that is compatible with the surrounding area. 2. Criteria. The following additional criteria shall be considered for any conditional use permit knew or amended) for a late -night alcohol beverage establishment: a. Whether the total number of late -night alcohol beverage establishments will exceed the City's limit on such establishments. The limit shall be set by resolution of the city council and may, upon recommendation by the commission or its own motion, be amended from time to time. b. Whether the use will intensify through increases in the assigned occupant load from owner/operator-initiated construction and/or remodeling that expand the square footage or W alter the floor plan. Assigned occupant load is calculated by the City under the relevant provisions of the Building Code. c. 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. d. Whether the type quantity, or geographic location of the establishment will create an over- abundance of similar establishments in a particular area of the City such that it will reduce the diversity of businesses operatingin n the immediate area. e. Notwithstanding the criteria in (a) through (d), whether exceptional opportunities exist to achieve other community development goals that will benefit the community, such as redevelopment of an underutilized parcel or older building; to promote or catalyze economic activity (e.g., new large or mixed use development); or to recognize the unique attributes of a new business. 3. Incentives. Holders of conditional use permits that request incentives in exchange for the voluntary reduction in permitted operating hours are eligible for incentives as follows. a. The planning commission, or city council on appeal, may_grant one or more incentives in exchange for the voluntary reduction in permitted operating; hours through an amendment to the conditional use permit. Incentives may include benefits such as: i. Modified operating rights (e.g. live entertainment, space for dance floors, changes from beer and wine service to general alcohol, etc.); ii. Modifications to conditions in the use permit; iii. Deviations from any required minimum food -to -alcohol ratio; or iv. Deviations from other standards in the code. Deviations from parking requirements or parking -related fees shall not be granted. b. 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, and may impose conditions to ensure that the incentives granted will be implemented consistent with the objectives of this subsection. c. City processing fees associated with such negotiations (e.g. conditional use permit amendment) may be rebated and/or reduced at the discretion of the city council. VOTE: AYES: Comms.Allen,Darcy,Hoffman,Pizer,Chmn.Perrotti NOES: None ABSENT: None ABSTAIN: None CERTIFICATION I hereby certify that the foregoing P.C. Resolution 12-17 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 July, 2412,' _ r F X - .r f f Sam Perrotti, ChairmanKq&Rqcretary— July 17, 2012 Date