HomeMy WebLinkAboutPC Resolution 10-05 - (22 Pier, Watermans)
P.C. RESOLUTION NO. 10-5
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 AND
LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING
RESTAURANT, TO ALLOW EXTENDED HOURS OF OPERATION AND
AMENDING CONDITIONS RELATING TO FOOD SALES, ALCOHOLIC
BEVERAGE PRICES, ADMISSION CHARGES AND NUMBER OF
TELEVISIONS, AT 22 PIER AVENUE, "WATERMANS HB," LEGALLY
DESCRIBED AS LOT 6, BLOCK 12, HERMOSA BEACH TRACT, 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 "Watermans HB" (formerly Dragon) seeking
approval of the following changes to a Conditional Use Permit:
Condition 2.1: Extend hours of closing/general alcohol service on Thursday thru
Saturday nights and holidays (Cinco de Mayo, St. Patrick's Day,
Halloween, Christmas Day and Eve, New Years Day and Eve, and all
State and Federal holidays) from 1:00 a.m. to 1:30 a.m. the following
morning. Extend hours of closing and general alcohol service on Sunday
through Wednesday nights from 12:00 midnight, to 1:00 a.m. the
following morning;
Condition 2.2: Extend hours for live entertainment Thursday thru Saturday nights and
holidays from 12:30 a.m. to 1:00 a.m. the following morning. Change
from no live entertainment on Sunday thru Wednesday nights, to
allowing live entertainment Sunday through Wednesday nights until
12:30 a.m. the following morning;
Condition 1.3: Eliminate requirement to provide summaries of food to alcohol dales
receipts to the Police Chief monthly for the first six months after approval
of the amended CUP;
Condition 1.5: Eliminate that portion of the condition that prohibits admission charges;
Condition 1.8: Modify condition so that reduced price alcoholic beverage promotions will
not reduce a single drink price below $2.00; and
Condition 3.2: Delete the condition which prohibits more than eight (8) televisions.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Conditional Use Permit Amendment 09-9 on April 20, 2010 at
which time testimony and evidence, both oral and written, was presented to and considered by
the Planning Commission.
1
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 on-sale general alcoholic
beverages and live entertainment with approval of a Conditional Use Permit.
2. The existing restaurant with on-sale general alcohol is operating under the Conditional Use
Permit issued in 2009 pursuant to City Council Resolution 09-6654, which incorporates
restricted hours and conditions to reduce impacts from the operation of the business alone
and cumulatively.
3. The immediate downtown area (Pier Plaza and Hermosa Avenue) contains a total of 26
on-sale restaurants and bar type establishments. The larger downtown area (Pier Avenue,
Hermosa Avenue and Pier Plaza) currently has a total of 37 on-sale establishments open
after 10:00 p.m., of which 12 are on-sale beer and wine and 25 are general alcohol.
4. The business, Watermans HB/Dragon, exhibited an ‘average’ record of police
enforcement activity in 2009 compared with other establishments as indicated in the
annual review conducted in February 2009.
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, D, H, I and J of 17.40.020 and Subsection A of 17.40.080 of the
Municipal Code:
1. The requested amendments—extension of operating hours into the late evening and well
past the dining hour and live entertainment, a reduction in drink prices, an unlimited
number of televisions, and the ability to charge for admission—increase the potential for
the establishment to become primarily a 'bar' or 'nightclub'.
2. The requested hours will incrementally increase the potential for increased numbers of
people, including intoxicated persons, on the Plaza and in the downtown in the late
evening, thereby increasing the potential for noise and behavioral problems, and impacts
to residential and commercial uses.
3. The concentration of establishments that assume the character of a bar or nightclub,
notwithstanding that some of those establishments are permitted as restaurants, requires
increased police presence, which increases costs to the City.
4. Extending hours on holidays adds to the significant number of on-sale establishments
which are allowed later hours on these days, with the potential effects identified above.
5. As documented during the annual on-sale establishments review, maintaining staggered
closing times among establishments in the downtown helps avoid a rush of activity that
results in noise, disturbances, and a rush for taxi’s and other enforcement issues.
2