HomeMy WebLinkAboutPC Resolution 09-27 - (20 Pier, Silvio)P.C. RESOLUTION 09-27
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 A RESTAURANT USE AT 20 PIER
AVENUE, "SILVIO'S BRAZILIAN BARBEQUE," LEGALLY DESCRIBED AS
THE NW 45' ON THE NE LINE OF LOT 4, 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 Silvio's Brazilian Barbeque seeking approval for
on -sale general alcoholic beverages in conjunction with an existing restaurant, closing 12:00
midnight Sunday through Thursday, and 1:00 a.m. the morning following Friday, Saturday and
holidays including Valentine's Day, St. Patrick's Day, Memorial Day, 4th of July, Labor Day,
Halloween, Christmas Day and Eve, and New Years Day and Eve.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Conditional Use Permit Amendment 09-6 on October 20, 2009, at
which 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 within the downtown area of the City of Hermosa Beach
and is zoned C-2, Restricted Commercial, which allows restaurant uses and on -sale
general alcoholic beverages with approval of a Conditional Use Permit.
2. The existing restaurant with on -sale beer and wine is operating under the Conditional Use
Permit issued in 1983 pursuant to Resolution B.Z.A. 154-493 and pursuant to a California
Department of Alcoholic Beverage License that restricts on -sale beer and wine to 6:00 a.m.
to 12:00 midnight daily within the building and to 10:00 p.m. on the patio.
3. The downtown area of the City of Hermosa Beach, which comprises Pier Avenue,
Hermosa Avenue and Pier Plaza, currently contains a total of 48 on -sale establishments
and Alcohol and Beverage Control (ABC) licenses of which 22 are on -sale beer and wine
and 26 are general alcohol.
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, C, D, E and F of 17.40.020 and Subsection A of 17.40.080 of the
Municipal Code:
1. The proposal will result in an intensification of the use due to allowance for beverages
with higher alcohol content and lower ratio of food to alcohol sales (50:50);
2. The proposal will result in increased potential for the establishment to assume the
character of a bar and for patrons to become intoxicated and thereby cause disturbances
later into the night;
3. Based on the numbers presented in Section 3.3 above, the proposal will add to the
considerable concentration of such establishments and people on the Plaza and in the
downtown in the late evening, increasing the potential for noise and behavioral problems,
and impacts to residential and commercial uses;
4. The concentration of establishments that assume the character of a bar requires increased
police presence which increases costs to the City;
5. Extending hours on holidays adds to the significant number of establishments which are
allowed later hours on these days, with the potential effects identified above;
6. Although each application must be considered on its own merits, extending hours in the
absence of extenuating circumstances (such as reinstating hours lost per a modification
hearing or location of use) may set a precedence for increasing intensification of alcohol
in the downtown, and may signify a reversal of City policy; and
7. As documented during the annual reviews, maintaining the variety of closing times
among establishments in the downtown allows patrons to leave at staggered times and
decreases noise, disturbances and other enforcement issues.
Section 5. Based on the foregoing, the Planning Commission hereby denies the request
for Conditional Use Permit Amendment 09-6.
Section 6. 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.Allen,Darcy,Perrotti,Pizer,Chmn.Hoffinan
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 09-27 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 October 20, 2009.
Peter o , Chairman-_ V en obertson, Secretary
October 20, 2009
Date
F:b95\cd\pc\2009\l0-20-09\20 pier reso final