HomeMy WebLinkAboutPC Resolution 11-01 - (22 Pier, Watermans Hb)P.C. RESOLUTION NO. 11-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT
AMENDMENT TO DELETE OR MODIFY THE CONDITION RESTRICTING
THE NUMBER OF TELEVISIONS AT AN EXISTING RESTAURANT WITH ON-
SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT, AT 22 PIER
AVENUE, "WATERMAN’S HB," LEGALLY DESCRIBED AS LOT 6, 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 Jeffrey Allan Bellandi, seeking amendment of a
Conditional Use Permit (CUP) by eliminating Condition 3.2 of City Council Resolution 09-6654
to eliminate the cap on number of televisions.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for Conditional Use Permit Amendment 10-12 on December 1, 2010 at
which time 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 and is zoned C-2.
2. The existing restaurant with general alcohol and live entertainment operates under a
Conditional Use Permit that permits on-sale general alcohol and live entertainment.
3. Hours of operation under the Conditional Use Permit are 7:00 a.m.–12:00 midnight
Sunday-Wednesday, and 7:00 p.m. to 1:00 p.m. the following morning on Thursday
through Saturday nights, and specified holidays. The Alcoholic Beverage Control
License restricts operating hours to 11 a.m. to 2:00 a.m. daily. (Live entertainment is
governed by other hours.)
4. There are currently 12 establishments with beer and wine and 25 with general alcohol,
plus two establishments that serve beer and wine and close by 10:00 p.m., in the
downtown area (Pier Plaza, Hermosa and Upper Pier Avenue).
5. The Planning Commission conducted revocation/modification proceedings for what was
then known as ‘Dragon’ in 2008, due to a pattern of noncompliance with its CUP, and
determined that the business demonstrated a pattern of noncompliance with its operating
conditions and was detrimental to the public safely and welfare because it emphasized
late night bar/lounge activity. The Commission modified Dragon’s CUP via Resolution
08-28 by imposing limits on hours for alcohol service, live entertainment and operations,
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and added a condition limiting the number of televisions to four (4), in order to promote
the use of the property as a full service restaurant, with alcohol and entertainment as
incidental uses. On appeal, the City Council sustained the decision via Resolution 08-
6601 but allowed an increase in the number of televisions to eight (8).
6. On February 17, 2009, the Planning Commission approved Resolution 09-3, amending
then Dragon’s CUP by reinstating a portion of operating and live entertainment hours
rescinded through CUP modification hearings and allowing other minor changes to
operations, finding that the applicant had improved business operations resulting in a
significant drop in police calls, no overcrowding violations, and conformance with food
to alcohol sales ratio. The City Council reviewed and sustained that decision via City
Council Resolution 09-6654.
7. In 2009 and 2010, the City granted Watermans HB’s request to modify some elements of
its CUP, but maintained the limit on number of televisions. Currently, City Council
Resolutions 09-6654 and 10-6709 are operative. Condition 3.2 of City Council
Resolution 09-6654 maintains the limit of eight (8) televisions.
Section 4. Based on the foregoing factual findings the Planning Commission makes the
following findings pertaining to the application for a Conditional Use Permit Amendment
pursuant to Subsections A, H, I, J and K of Section 17.40.020 of the Municipal Code:
1. The City’s downtown area continues to have an over-abundance of alcohol serving
establishment including restaurants that assume the character of a nightclub/bar/sports bar
at various times. In 2008, the City conducted revocation/modification proceedings for
several establishments including then-Dragon due to a pattern of noncompliance with
operating conditions determined to be detrimental to the public safely and welfare. The
emphasis on late night bar/lounge activity at then-Dragon individually and other on-sale
establishments within the downtown area led to noise, overconsumption of alcohol, other
disturbances to the community, and need for increased police services on Pier Plaza,
within the downtown and within nearly neighborhoods. The City Council by Resolution
08-28 modified then-Dragon’s CUP via by imposing limits on hours for alcohol service,
live entertainment and operations, and adding a condition limiting the number of
televisions in order to promote the use of the property as a full service restaurant with
alcohol and entertainment as incidental uses, and thereby reducing adverse impacts.
2. In 2009 and 2010, the City considered amendments to Watermans CUP, including
number of televisions and maintained the limit of eight televisions. Number and size of
TVs are two of various factors (such as such as ambiance and level of control that
management exhibits through its menu, alcoholic beverage service, choice of
entertainment, background music, dress code, security, floor plan, furnishings and décor,
and TV placement and size) that collectively contribute to an environment that focuses on
activities other than sit-down restaurant use, such as sports bars which can be associated
with noise, overconsumption of alcohol, other disturbances to the community, and need
for increased police services. To control these impacts, the City has placed limits on
televisions in the subject establishment as well as other restaurants with a variety of
closing times.
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