HomeMy WebLinkAboutPC Resolution 08-31 - (1332hermsoa-blue 32)10
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P.C. Resolution 08-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, MODIFYING A CONDITIONAL USE
PERMIT FOR ON -SALE GENERAL ALCOHOL AND LIVE
ENTERTAINMENT, IN CONJUNCTION WITH AN EXISTING
RESTAURANT AT 1332 HERMOSA AVENUE, KNOWN AS "BLUE 32"
Section 1. The Planning Commission conducted a duly noticed public hearing to consider the
revocation or modification of the Conditional Use Permit governing the business at 1332 Hermosa
Avenue, approved February 13, 1996 (City Council Resolution 96-5789) which allows on -sale
general alcohol and live entertainment in conjunction with an existing restaurant. Said hearing was
conducted pursuant to Section 17.70.010 of the Zoning Ordinance on May 20, June 17 and July 15,
2008, at which testimony and evidence, both written and oral, was presented to and considered by the
Planning Commission.
Section 2. The subject property is legally described as Lots 10, 11 and 12, Block 34, First
Addition to Hermosa Beach and identified as Assessor's Parcel Number 4183-013-058. The
business owner is Epic Restaurant Group LLC.
Section 3. Based on evidence received at the public hearing, the Planning Commission makes
the following findings in support of modifying the Conditional Use Permit, pursuant to Section
17.70.010 of the Municipal Code:
1. The use for which the Conditional Use Permit was originally granted has been exercised as
to be detrimental to the public health and safety. The subject business has been the subject of several
calls for police services. Police records show that Blue 32 had received a total of 112 calls for service
between January 1, 2007 and June 30, 2008, which resulted in police response. Of these calls for
service, 67 or 60%, occurred after midnight. Investigation of these calls by the Chief of Police and
the evidence presented at the public hearing indicate that several public disturbances and other
violations have and continue to occur due to poor management, staffing, and supervisory techniques
that allow the business to function as a nightclub rather than a restaurant, contrary to the terms of the
Conditional Use Permit (Conditions 1, 2), and contrary to what is required of any responsible
operation of an establishment serving general alcohol under the license granted by the State
Department of Alcoholic Beverage Control ("ABC"). Based on the high number of calls for police
service after midnight and the corresponding analysis prepared by the Chief of Police, it is concluded
that an earlier closing time (from 2:00 AM to 12:00 midnight) would substantially reduce the calls
for police service and better protect public safety. This behavior has adversely affected the public
welfare and the welfare of surrounding residential and commercial uses and has caused excessive
noise and disturbances, which is also inconsistent with the requirements of the Conditional Use
Permit.
2. The Conditional Use Permit is being exercised contrary to the terms of the conditions of
approval and in violation of a dancing prohibition imposed by the Department of Alcoholic Beverage
Control ("ABC") pursuant to its Type .47 license. Section 3 of City Council Resolution 96-5789
states that the subject property shall be developed, maintained and operated in full compliance with
the conditions of the CUP and any law, statute, ordinance, or other regulation applicable to any
development or activity on the subject property. Failure of the permittee to cease any development or
activity not in full compliance shall be a violation of these conditions. The Type 47 ABC license is a
regulation applicable to the activity on the subject property and failure to cease a violation of the
license is a violation of Section 3 of Resolution 96-5789.
P.C. Resolution 08-31
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3. The Conditional Use Permit is being exercised contrary to the terms of the conditions of
approval. Section 3 of City Council Resolution 96-5789 states that the subject property shall be
developed, maintained and operated in full compliance with the conditions of the CUP and any law,
statute, ordinance, or other regulation applicable to any development or activity on the subject
property. Failure of the permittee to cease any development or activity not in full compliance shall
be a violation of these conditions. On June 2, 2005 the City of Hermosa Beach determined that the
maximum occupant load for the interior of Blue 32 to be 91 persons. On June 19, July 3, December 4
and December 17, 2005 Blue 32 was inspected by the Hermosa Beach Fire Department and found to
be in violation of Section 2501.16.3 of the Uniform Fire Code (Over -crowding and admittance of
people beyond the 91 person approved capacity of a place of assembly). On July 13, 2005, at the
request of the business owner, the City of Hermosa Beach reviewed the floor/seating plan of Blue 32
and determined the maximum occupant load for the interior of Blue 32 to be 126 persons. On
October 20, 2007 and December 29, 2007 Blue 32 was inspected by the Hermosa Beach Fire
Department and found to be in violation of Section 2501.16.3 of the Uniform Fire Code (Over-
crowding and admittance of people beyond the 126 person approved capacity of a place of
assembly). The Fire Code is a regulation applicable to the activity on the subject property and these
continuing violations constitute a violation of Section 3 of Resolution 96-5789.
Section 4. Based on the foregoing, and pursuant to Section 17.70.010 of the Zoning Ordinance,
the Planning Commission hereby modifies the Conditions of Approval of the Conditional Use Permit
for on -sale alcohol and live entertainment, in conjunction with a restaurant for the property at 1332
Hermosa Avenue, which supersedes the conditions contained in Resolution 96-5789 as follows:
Permitted use: dining. alcohol, entertainment
1. The continued operation of the business shall be as a bona fide restaurant: the kitchen shall be
equipped to prepare food from its component ingredients whenever the restaurant is open and
it shall offer a full -service lunch and/or dinner menu; food service from the menu shall be
available during all hours that the establishment is open for business.
2. Alcohol may be served for on -premise consumption only and in a manner consistent with its
license issued by the State Department of Alcoholic Beverage Control (ABC).
3. The permittee shall maintain a summary of gross receipts of food and alcohol indicating the
percentage of each to the total on a monthly basis, to be audited and certified by a certified
public accountant. The permittee shall submit said summaries to the Police Chief monthly
for the four month period following approval of this Conditional Use Permit and quarterly
thereafter. The Police Chief reserves the right to request additional verification as needed to
verify compliance with this Conditional Use Permit. Failure to provide said quarterly reports
on a regular basis shall result in a request by the City to the ABC to investigate the subject
business's compliance with the alcohol license conditions.
4. Live entertainment incidental to food service is permitted, and the types permitted shall be
consistent with definition thereof in Section 17.04.050 of the Municipal Code and may include
live music, amplified (including disc jockeys) or non -amplified and similar live performances
such as stand-up comedy, and/or live theater on a regular basis. Live entertainment shall be
"incidental" in the sense that it serves to entertain customers who are in the premises for the
purpose of dining. Dancing by both employees and patrons is strictly prohibited and signs shall
be maintained in the restaurant notifying of this restriction.
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P.C. Resolution 08-31
5. Admission shall not be charged for entrance into the business, nor shall drink minimums of any
kind be imposed at any time. Entry to the establishment shall not be limited to persons 21
years of age or older.
6. The business is prohibited from using "outside promoters" to advertise the venue and to
organize and produce events at the venue. Promoters as used herein are described as "an
individual or organization that uses the facilities of another owner to organize, oversee, or
otherwise promote entertainment that is not part of the primary business use. The business
shall be under the exclusive control of the owners at all times.
7. The permittee shall not solicit, advertise, or otherwise encourage the use of its premises for
"pub crawl" activities whereby persons travel in an organized or predetermined fashion
between premises with the goal of consuming alcoholic beverages at each stop along the way.
Hours of operation
8. The hours of operation for all operations of the restaurant, including the bar areas, shall be
limited to between 7:00 A.M. and 12:00 Midnight daily. Live Entertainment shall be limited to
between 7:00 P.M. and 11:30 P.M. Thursdays through Sundays and on Federal and State
holidays, Cinco de Mayo, and St. Patrick's Day. All customers shall vacate the premises by not
later than 12:00 Midnight and the doors shall be locked.
Floor plan
9. The furniture and interior improvement within the business operation shall conform to the
floor plan attached as "Exhibit A". Other than trivial or insignificant deviations in the
placement or arrangement of furniture, no change whatsoever shall be made to the interior of
the premises that is inconsistent with the approved floor plan and under no circumstances
shall furniture or other interior/exterior improvements be rearranged to accommodate
dancing, more entertaimnent or greater occupancy absent approval by the Planning
Commission by way of modification of the Conditional Use Permit.
Occupant Load, over -crowding
10. 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
the floor plan shown in Exhibit A 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 to
offer live entertainment may be suspended pursuant to the provisions of this condition and the
Hermosa Beach Municipal Code, as it exists today or as 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 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
months of the first violation, the suspension shall be imposed for three days.
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P.C. Resolution 08-31
The permittee shall be notified of the suspension in writing. The date of the suspension shall be
as determined by the City Manager. The permittee may appeal the suspension by filing a
written notice of appeal with the City Clerk within ten 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.
Nuisance avoidance atron behavior and noise
11. The business shall not operate in a manner that adversely effects or interferes with the
comfortable enjoyment of neighboring residential and commercial property.
12. The business shall employ adequate staffing and management/ supervision to prevent serving
underage persons, over -serving alcohol, and loitering, unruliness, and boisterous behavior
by patrons both inside and outside on the business premises, or in the immediate area.
13. If the Police Chief determines that there are a disproportionate number of police calls to the
business due to the disorderly or disruptive behavior of patrons and the inability or refusal of
the business to manage its patrons, the Chief shall so notify the Director of Community
Development of this action, who shall forthwith schedule a public hearing before the Planning
Commission to consider modification or revocation of this Conditional Use Permit.
14. The building shall be equipped with acoustic features to maximize sound proofing which shall
include the use of double -pane windows or an equivalent and the installation of air conditioning
so that windows and doors can remain closed during performances.
15. Noise emanating from the property shall be within the limitations prescribed by the City's
Noise Ordinance and shall not create a nuisance to surrounding residential neighborhoods,
and/or commercial establishments. Noise emanating from the property shall be monitored to
verify compliance with the Noise Ordinance in response to any complaints.
16. The exterior of the premises shall be maintained in a neat and clean manner, and maintained
free of graffiti at all times.
Miscellaneous conditions
17. The provisions of this Conditional Use Permit shall take effect immediately upon adoption by
the Planning Commission and upon completion of the applicable appeal period, should no
appeal be filed.
18. This Conditional Use Permit shall supersede and replace all Conditional Use Permits
previously approved for the property and Resolution 96-5789is hereby rescinded and is of no
further force and effect.
19. The restaurant shall be subject to review by the Planning Commission six months after the
effective date of this Resolution and annually thereafter to verify conformance with the
Conditions of Approval.
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P.C. Resolution 08-31
20. The operation of the business shall comply with all ordinances, regulations and laws applicable
to a business of this kind in effect as of the date hereof or hereafter adopted. In addition to any
other remedy available at law, in equity or as provided in the Municipal Code, any: (i) any
significant or material violation, or (ii) any repeated, continuous or sustained violation of any
condition of approval of this Conditional Use Permit shall constitute cause for revocation of
this Permit. The Permittee shall be required to reimburse the City fully for its costs and
expenses, including but not limited to attorney's fees, in undertaking any such corrective
action. Reimbursement of enforcement costs shall constitute a civil debt and may be collected
by any means permitted by law. In the event that violations of this Permit occur, the City shall
refrain from issuing fixrther permits, licenses or other approvals until such violation has been
fully remedied.
Section 5. The Conditional Use Permit, as modified, shall be recorded, and proof of recordation shall
be submitted to the Community Development Department.
Each of the above conditions is separately enforced, and if one of the conditions of approval is found
to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
The subject property shall be developed, maintained and operated in full compliance with the
conditions of this grant and any law, statute, ordinance or other regulation hereafter adopted that is
applicable to any development or activity on the subject property. Failure of the permittee to cease any
development or activity not in full compliance shall be a violation of these conditions.
The Planning Commission may review this Conditional Use Permit and may amend the subject
conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the
neighborhood resulting from the subject use.
VOTE: AYES: Allen, Darcy, Pizer
NOES: Hoffinan, Chairman Perrotti
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution 08-31 is a true and complete record of the action taken by the
Pl Commission of the City of Hermosa Beach, Califo ' mat their gul me . g of July 15, 2008.
�-.2. /- ?ll � i
Sam Perrotti, Chairman Ro ecretary
July 15, 2008
Date
Attachments: Exhibit A: Seating and Occupant Load Floor Plan Approved for 1332 Hermosa Avenue 7/13/05
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