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Home My WebLink AboutPC Resolution 10-16 - (439 Pier, Buona Vita)P.C. RESOLUTION NO. 10-16 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 AN EXISTING RESTAURANT, AT 439 PIER AVENUE, "BUONA VITA,"' LEGALLY DESCRIBED AS LOTS 26 AND 27, HISS' ADDITION TO 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 Dina and Lea Capaldi, 439 Pier Avenue, seeking approval of and amendment to a Conditional Use Permit (CUP) changing from beer and wine to on - sale general alcoholic beverage. No other changes are proposed and Buona Vita's noncontiguous Pizzeria at 429 Pier Avenue is not affected. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Conditional Use Permit Amendment 10-9 on October 19, 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 Upper Pier Avenue, within the downtown area of the City of Hermosa Beach and is zoned Specific Plan Area-11, which allows on -sale general alcoholic beverages with approval of a Conditional Use Permit. 2. The existing restaurant with beer and wine is operating under a Conditional Use Permit issued in 1994 pursuant to Planning Commission Resolution 94-14, since improvements approved via Planning Commission Resolution 99-28 were not implemented and that CUP Amendment was expired by operation of law pursuant to H.B.M.C. Section 17.70.020 Expiration. 3. Current operating hours are 5:00 p.m. to 10 p.m. on Sunday through Thursday and 5:00 p.m. to 11 p.m. on Friday and Saturday. The CUP approved in 1994 allowed the restaurant to operate from 8:00 a.m. to 2:00 a.m. The Alcoholic Beverage Control License restricts operating hours to 11 a.m. to 11 p.m. daily. 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). Of those, 3 restaurants on `Upper Pier Avenue' serve beer and wine, 2 additional restaurants serve beer and wine and close by 10:00 p.m., and 3 restaurants serve general alcohol (Club 705, Union Cattle, Hibachi). 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, 1, J and K of 17.40.020 and Subsection A of 17.40.080 of the Municipal Code: A. The restaurant's rear door opens into the parking lot that is accessed by an alley, which separates the restaurant from the mobilehome park. Other residences are located behind commercial uses along Pier Avenue. Currently, potential noise and disturbances are associated with cumulative impacts relating to the large number of alcohol establishments and people in the downtown area generally. The small venue, closing time of 11:00 p.m. imposed by the ABC license, requirements that windows and doors to be closed after 10:00 p.m. if noise complaints are received and a manager who is knowledgeable of the CUP must be on premises during business hours, as well as potential for conditioning a CUP on limiting the number of televisions and similar video and controlling volume, and further limiting operating hours, could provide some mitigation. However, under the Municipal Code the food to alcohol gross sales ratio would change from 65/35 to 50/50 if general alcohol is allowed, meaning that the amount of food that is required to be sold would decrease and the allowable percentage of alcohol sales would increase, and the requested change from beer and wine to on -sale general alcohol may lead to increased intoxication or may facilitate a 'sports bar' type venue at some point in the future, which in turn may lead to an increase in disorderly behavior and impacts on nearby residences. B. There are a significant number of on -sale alcoholic beverage establishments in the area. While there seems to be less objection to establishments that close by midnight, the City Council has indicated a policy of limiting concentration or intensification of on -sale establishments in the downtown and on upper Pier Avenue, based on a history of negative impacts in the downtown area. The only deviation from this policy was a CUP amendment for an establishment on Pier Plaza allowing a partial extension of hours (previously reduced through the CUP modification process due to negative impacts from the business). All other requested extensions of hours and intensification from beer and wine to general alcohol have been denied in the surrounding area in recent months. The Upper Pier Avenue Committee's Final Report and zoning revisions noted the desirability of community oriented, resident -serving uses on upper Pier Avenue rather than an extension of the nightlife on the plaza. While Buona Vita closes relatively early, 11:00 p.m., and has focused on the provision of meals during all operating hours, since a CUP runs with the land there is no guarantee that future changes in business plan, owner or management will not occur. Although the existing 1994 CUP can be strengthened by further limiting hours on weekdays, imposing limits on TVs and similar media, and adding conditions pertaining to management, it is difficult to overcome the potential for cumulative impacts as various businesses are granted small but incremental approvals to intensify alcohol use. C. The primary public service impacts are related to cumulative impacts to police services associated with concentrations of people consuming alcohol in the downtown rather than due to any one particular business, however a change to on -sale general alcohol may contribute to increased intoxication or a change in the characteristics of the operation itself at some point in time. 2 D. There is a concentration of alcohol establishments in the downtown including Upper Pier Avenue, with the predominate number serving general alcohol. 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. Of those, 3 restaurants on `Upper Pier Avenue' serve beer and wine, 2 additional serve beer and wine and close by 10:00 p.m., and 3 serve general alcohol (Club 705, Union Cattle, Hibachi). There is a tendency for various establishments to seek increases in alcohol service (such as going from beer and wine to general alcohol) to maintain competiveness, which over time can increase noise, disorderly behavior and similar impacts. Section 5. Based on the foregoing, the Planning Commission hereby denies the request for Conditional Use Permit Amendment 10-9. Section 6. Pursuant to Section 15270 of the 'Guidelines for Implementation of the California Environmental Quality Act (CEM, Title 14 of the California Code of Regulations, the project is not subject to CEQA because CEQA does not apply to projects which a public agency rejects or disapproves. 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. Darcy, Hoffman, Perrotti, Pizer, Chnin. Allen NOES: None ABSTAIN: None ABSENT: None WMM#WWA "01 I hereby certify the foregoing Resolution P.C. No. 10-16 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 October 19, 2010. , 7z-,� Kent Allen, Chairman en Robertson, Secretary October 19, 2010 Date 3