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HomeMy WebLinkAboutPC Resolution 09-02 - (TA bar, restaurant)RESOLUTION NO. 09-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO AMEND DEFINITIONS, TERMS, USES AND STANDARDS RELATING TO ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS, RESTAURANTS, LIVE ENTERTAINMENT AND CUSTOMER DANCING. The Planning Commission hereby resolves and orders as follows: SECTION 1. The Planning Commission held a duly noticed public hearings on November 18, 2008 and January 20, 2009 to consider a zone text amendment to the municipal code to amend definitions, terms, uses and standards relating to on -sale alcoholic beverage establishments, restaurants, live entertainment and customer dancing (TEXT 07-3). SECTION 2. The Planning Commission of the City of Hermosa Beach has considered all testimony and reports, both oral and written, and fords the proposed amendment is compatible with the City as a whole and is consistent with the General Plan and zoning code as proposed to be amended because the proposal incorporates adequate safeguards to protect the public heath and safety and compatibility with surrounding uses. SECTION 3. The Planning Commission hereby recommends City Council approval of the following amendments to the Hermosa Beach Municipal Code: 1. Section 17.04.040 of the Hermosa Beach Municipal Code shall be amended by amending the defmitions of "on -sale alcoholic beverage establishment," "restaurant," "customer dancing," and "live entertainment" to read as follows: "Customer dancing" means recreational or social dancing by patrons at any establishment. Customer dancing in conjunction with on -sale alcoholic beverage establishments or live entertainment shall require a conditional use permit. Customer dancing facilities do not include dance studios or instructional dancing establishments that provide classes or instruction predominantly on dancing. "Entertainment, Live." Live entertaim-nent means any live performance, including but not limited to all forms of music, theatrical or comedic performance, song, dance, or vocal entertainment by a disc jockey or announcer, participated in by one or more employees, guests, customers, or any other person or persons. Live entertainment shall not include the use of a radio, television or other electronic playback device in any establishment, except when utilized by an announcer or "disc jockey" who at any time provides any form of vocal entertainment for the purpose of gaining the attention and interest of, or diverting or amusing guests or patrons, including the announcing of song titles or artists' names; entertainment consisting of ambient or incidental music provided for guests or patrons by one (1) non -amplified musician, so long as there is no admission charge to observe or attend such entertainment; or entertainment provided for invited guests at a private event such as a wedding reception, banquet or celebration where there is no admission charge. "On -sale alcoholic beverage establishment" means any premises that sells, offers for sale, serves or furnishes alcoholic beverages for consumption on the premises pursuant to a license issued by the California Department of Alcoholic Beverage Control ("ABC"), regardless whether as a primary use, as an incidental use in conjunction with a restaurant, or in conjunction with any other permitted or conditionally permitted use. On -sale beer and wine means limitation to beer, wine and other alcoholic beverages also authorized by an ABC license that authorizes beer or wine pursuant to California Business and Professions Code 23355 et seq. "Restaurant" means an establishment (1) whose primary function is the sale or offering for sale of food and beverages during all hours it is open for business, (2) that prepares food on -site in a kitchen capable of refrigerating and preparing food from its component ingredients, and (3) that allows entry to persons under 21 years of age, except for times specifically identified in a conditional use permit that permits admission to be limited to adults at least 21 years of age or older. Live entertainment, on -sale alcoholic beverage establishment and customer dancing are permitted in conjunction with a restaurant use pursuant to a conditional use permit issued in accordance with Sections 17.40.080. 2. Section 17.04.040 of the Hermosa Beach Municipal Code shall be amended by adding "dance studio/instructional dance facility" to read as follows: "Dance studio/instructional dance facility" means instructional dancing establishments that provide classes or instruction predominantly on dancing. 3. Section 17.42.120 of the Hermosa Beach Municipal Code shall be added to read as follows: The following minimum standards shall apply to all on -sale beverage establishments, in addition to the standards and conditions in Section 17.40.080 imposed on conditional use permits. 17.42.120 On -sale alcoholic beverage establishment — Standards A. Alcoholic beverage service and its consumption shall be limited to those areas for said use designated on a floor plan approved by the city. B. No alcoholic beverage shall be offered, provided or served outside the designated interior of the building, including but not limited to any patio, deck, or other open or partially enclosed space, unless specifically allowed by the conditional use permit, and if required by this Code, an outdoor dining encroachment permit issued by the public works department. C. The establishment shall comply with all provisions of the license issued by the California Deportment of Alcoholic Beverage Control, in addition to those set forth in this Code and any conditional use permit. D. The establishment shall be operated in a manner that does not adversely affect the welfare of the residents, and/or commercial establishments in the surrounding area. E. The business shall employ adequate staffing, management and supervision to prevent serving underage persons, over -serving alcohol, and loitering, unruliness and boisterous behavior by patrons both inside and in the immediate area outside the premises. Clearly visible signs indicating maximum occupant load shall be posted inside and prohibiting loitering shall be posted on the exterior of the premises. F. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 2 G. In no event shall continuous, sustained or repeated noise from the business be audible at the property line of any residential premises at any time. H. The establishment shall comply in all other respects with Chapter 8.24 (Noise Control), and noise from the premises shall not constitute a public -nuisance. I. No live entertainment and/or customer dancing shall occur in conjunction with an on -sale alcoholic beverage establishment unless and until such use is specifically allowed by a conditional use permit. 4. Section 17.40.080 of the Hermosa Beach Municipal Code shall be added to read as follows: 17.40.080 On -sale alcoholic beverage establishments In addition to the standards set forth in section 17.42.120 and any other conditions imposed in a conditional use permit determined necessary to protect the public health, safety and welfare, the following minimum conditions and standards shall apply to the approval and operation of on -sale alcoholic beverage establishments: General requirements: A. Any changes to the interior layout which alter the primary function, occupant load, or the proportion of functional areas of the business as determined by the community development director shall be subject to review and approval by the planning commission. Under no circumstances shall furniture or other interior/exterior improvements be rearranged to accommodate customer dancing or live entertainment absent approval by the planning commission of the conditional use permit for such activities. B. Additional uses conducted on the premises, including those permitted by right in the zoning district, shall be specified in the conditional use permit. C. On -sale alcoholic beverage establishments, live entertainment establishments and establishments with dancing shall close no later than 2:00 a.m., unless an earlier time is imposed by the conditional use pen -nit or the license issued by the California Department of Alcoholic Beverage Control, at which time all patrons shall vacate the premises and the entrance doors shall be locked. Restaurants that do not have live entertainment or dancing may remain open for business after 2:00 a.m., provided that consumption, sale, offer for sale, service, and furnishing of all alcoholic beverages shall cease and be removed from all customer areas no later than 2:00 a.m. D. In the event that the on -sale alcoholic beverage establishment or a portion thereof is closed to the general public for a private party, the establishment shall comply with the conditional use permit. E. If the police chief, fire chief or community development director determines that a continuing law enforcement, occupant load or code violation problem exists, he/she shall submit a report to the planning commission, which will automatically initiate a review of the conditional use permit. 3 F. The planning commission may, at its discretion at such time and place as may be determined by the commission, conduct an annual review of the compliance of on -sale alcoholic beverage establishments with all applicable regulations. On -sale alcoholic beverage establishments open later than 10:00 p.m.: G. All on -sale alcoholic beverage establishments open later than 10:00 p.m. shall be subject to the following: 1. The named ABC licensee, management and all employees who serve alcoholic beverages shall attend and maintain on file with the establishment documentation of certification of Licensee Education on Alcohol and Drugs Training offered by the California Department of Alcoholic Beverage Control or equivalent program within three (3) months of employment or the applicability of this requirement to the establishment. 2. The fire department shall maintain a record of the posted allowable occupant load for the business and regularly check the business for occupant load compliance. The occupant load shall not exceed the amount permitted as prescribed by the California Building Code, based on a floor plan which has been reviewed and approved by the department of community development and fire department. An approved occupant load sign shall be posted in the business as directed by the fire department. The privilege granted to the permittee to serve alcohol for on -premises consumption and if applicable, to offer live entertainment may be suspended pursuant to the provisions of this section and the Hermosa Beach Municipal Code, as it exists today or as it may in the future be amended. In the event that the business is found by the fire or police department, following a count -out, to be in excess of the posted maximum occupant load, the city manager may suspend the sale and service of alcoholic beverages and/or the operation of live entertainment for one day. If the business is found to be in violation of occupant load a second or more time within twelve (12) months of the first violation, the suspension shall be imposed for three (3) days. The suspension or suspensions shall be imposed on the same day(s) of the week as the cited violation(s). The permittee shall be -notified of the suspension in writing. The date of the suspension shall be as deterinined by the city manager. The permittee may appeal the suspension by filing a written notice of appeal with the city clerk within ten (10) calendar days of receipt of the notice of suspension. Filing a written notice of appeal shall stay the notice of suspension while the appeal is pending. The appeal shall be heard by the city council at its next regular meeting, subject to agenda posting requirements. The city council shall hear testimony and consider evidence regarding the factual circumstances of the over -occupancy violation and shall uphold the suspension if the evidence supports the existence of the violation. The city council's decision shall be final. On -sale alcoholic beverage establishments with live entertainment and/or customer dancing: El H. All on -sale alcoholic beverage establishments with live entertainment or dancing additionally shall be subject to the following: 1. No live entertainment and/or customer dancing may occur in conjunction with an on -sale alcoholic beverage establishment unless and until such use is specifically permitted by the conditional use permit. 2. The areas where live entertainment and/or customer dancing will be conducted shall be designated on the approved plan. Any changes to the interior layout which alter the primary function/use, occupant load, or the proportion of functional areas of the business shall be subject to review by the planning commission. 3. No live entertainment and/or dancing may occur outside the designated interior of the building, including on any patio, deck, or other open or partially enclosed space, unless specifically allowed by the conditional use permit, and if required by this Code, an outdoor dining encroachment permit issued by the public works department. 4. The space designated for live entertainment shall be sound -proofed to reduce noise transmission to the exterior and properly ventilated to specifications approved by the community development director so doors can remain closed during performances. All exterior doors shall have self -closing hardware, and the management shall be responsible for the music/ entertainment volume levels. On -sale alcoholic beverage establishments with live entertainment or dancing shall after 10:00 p.m. shall prohibit minors from entering all areas designated, used, or accessible to the area used, for live entertainment or dancing, except for private parties in a separate room of the establishment not open to the general public. 6. The establishment shall also be subject to Subsection G of this Section. On -sale alcoholic beverage establishments — Other: 1. On -sale alcoholic beverage establishments with licenses issued by the California Department of Alcoholic Beverage Control other than Type 23, 40, 41, 42, 47, 48, 61 or 75 shall comply with all applicable requirements of this section, unless otherwise modified in the conditional use permit. On -sale alcoholic beverage establishments permitted prior to (effective date of this text amendment) J. All on -sale alcoholic beverage establishments for which a conditional use permit was approved prior to (effective date of this text amendment) shall be governed by said approved permit unless and until said approved permit is amended in a manner that alters the primary ftinction/use of the property, the occupant load or the proportion of functional areas of the business or increases the intensity of use. Such amendments to the conditional use permit shall be governed by the provisions of the Code as they exist at the time of the amendments. Additionally, approved permits for on -sale beer and wine in conjunction with a restaurant use approved between January 15, 1986 and (effective date of this text amendment) are, and shall continue to be, subject to the food to alcoholic beverage sales ratio, requiring that where beer and wine are sold, a minimum of sixty-five (65) percent of the total gross sales, computed monthly, shall result from the sale of prepared food; where other alcoholic beverages, not exclusively beer and wine, are sold, a minimum of fifty (50) percent of the total gross sales, computed monthly, shall result from the sale of prepared food, if in existence at the time and stated within the conditional use permit was issued. Alternatively, the property owner and operator may voluntarily apply for an amendment to the conditional use permit deleting the food to alcoholic beverage sales ratio. 5. Section 17.26.030 of the Hermosa Beach Municipal Code shall be amended by to read as follows as pertains to the uses listed below: 'PSE P = Permitted, Not Permitted, U C Up. FC-1 -2 C— ---------- - - — C-3 ee Section Alcoholic beverage establishments, on -sale 17.40.080 17.42.120 Entertainment, live Entertainment, live in conjunction with on sale alcoholic everage establishment 117[ U U_ JI 17.40.080 ante studio/instructional dance fi4!��Ii ------------ 1 7 — --- IF_ -,I"[ J7. P ,pancing, customer Dancing, customer in conjunction with on sale beverage i U U 17.40.080 establishment or live entertainment I Restaurant with incidental on -sale alcoholic beverage 7 42� 12 0 es tablishment limited to beer and wine, closing later than U U - .0 17 F480 Restaurant with incidental on -sale alcoholic beverage establishment limited to beer and wine, closing no later than P P P 117.42.120 10:00P.M. Section 17.44.030.E. I of the Hermosa Beach Municipal Code shall be amended by to read as follows: E.1. On -sale establishments with Type 40 (on -sale beer); 42 (on -sale beer and wine for public premises), 48 (on -sale general for public premises),or 61 (on -sale beer for public premises) licenses issued by the California Alcoholic Beverage Control Commission: I space per 80 feet of gross floor area. SECTION 4. The proposed amendment is exempt from the California Environmental Quality Act per Section 15061 (b) (3) of Title 14 of the California Code of Regulations because the amendment is a clarification and refinement of existing definitions and uses, maintaining the same status of uses as permitted and conditional as now exists and allowing on -sale beer and wine at restaurants that close by 10:00 pm is consistent with the noise ordinance, and will not intensify uses, and is otherwise consistent with General Plan and zoning code. PASSED, APPROVED AND ADOPTED this 20th day of January, 2009, by the following vote: AYES: Darcy, Hoffman, Perrotti, Pizer NOES: Allen ABSENT: None ABSTAIN: None CERTEFICATION I hereby certify that the foregoing Resolution P.C. 09-2 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of January 20, 2009. /A d 94 Ron Pizer, ChairmGn January 20,2009 Date XeAo 'jxrr4(sn,Secretary 7