HomeMy WebLinkAboutPC Resolution 08-32 - (1320 Hermosa-the shore)7
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P.C. Resolution 08-32
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 WITH OUTDOOR DINING AT 1320
HERMOSA AVENUE, KNOWN AS "THE SHORE"
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 1320 Hermosa
Avenue, approved May 20, 2003 which allows on -sale general alcohol and live entertainment in
conjunction with an existing restaurant with outdoor seating. Said hearing was conducted pursuant
to Section 17.70.010 of the Zoning Ordinance on 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 8 and 9, Block 34, First Addition
to Hermosa Beach and identified as Assessor's Parcel Number 4183-013-068. The business owner is
SCRE 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:
The Conditional Use Permit is being exercised contrary to the terms of approval and in
violation of the regulations imposed by the Department of Alcoholic Beverage Control
("ABC") pursuant to its Type 47 license. The ABC's investigation indicates that the
business has been selling more alcohol than food. Additionally, Section 17.04.050 of the
Hermosa Beach Municipal Code defines a restaurant in part as an establishment which
primarily sells prepared food, and where other alcoholic beverage, 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. Review of eight quarters of ABC
report information indicates that less than fifty percent of the business' total gross sales
have resulted from the sale of prepared food. Section 5 of P.C. Resolution 03-23 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 5 of
Resolution P.C. 03-23. Sale of more alcohol than food is also a violation of Section
17.04.050 of the Municipal Code and therefore, also constitutes a violation of Section 5 of
resolution P.C. 03-23.
2. 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 there were a total of
150 calls for service between January 1, 2007 and June 30, 2008, which resulted in police
response attributable to The Shore. Of these calls for service, 67, or 43%, occurred after
midnight. Investigation of these calls by the Chief of Police and the evidence presented
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P.C. Resolution 08-32
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, 4), 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 1:00 AM) 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.
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 1320
Hermosa Avenue, which supersedes the conditions contained in Resolution P.C. 03-23 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 in a manner consistent with the 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.
5. Drink minimums of any kind shall be prohibited.
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P.C. Resolution 08-32
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 1:00 A.M. daily. The hours for live entertainment shall be
limited to the hours between 9:00 P.M. to 12:30 A.M. Monday through Friday, and from 2:00
P.M. to 12:30 A.M. on Saturday, Sundays and Federal and State holidays, Cinco de Mayo,
and St. Patrick's Day. All customers shall vacate the premises by not later than 1:00 A.M.
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 more
entertainment or greater occupancy absent approval by the Planning Commission by way of
modification of the Conditional Use Permit.
Occupant Load; aver-crowdin
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.
Nuisance avoidancepatron 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.
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P.C. Resolution 08-32
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. No live entertainment, dancing, amplified music, audio, television, or speakers of any kind
shall be permitted in the outdoor dining patio. In no event shall continuous, sustained or
repeated noise be audible from the property line of any residential premises at any time.
15. 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. All exterior
door shall have self -closing hardware, and the the management shall be responsible for the
music/entertainment volume levels.
16. 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.
17. The exterior of the premises shall be maintained in a neat and clean manner, and maintained
free of graffiti at all times.
Miscellaneous conditions
18. 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.
19. This Conditional Use Permit shall supersede and replace all Conditional Use Permits
previously approved for the property and Resolution P.C. 03-23 is hereby rescinded and is of
no further force and effect.
20. 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.
21. 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,
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P.C. Resolution 08-32
the City shall refrain from issuing further 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:
Darcy, Hoffinan, Pizer, Chairman Perrotti
NOES:
Allen
.ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution 08-32 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 July 15,
2008.
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Gs/t 3.
Sam Perrotti, Chairman
Date:._ July 15, 2008
G n o on, ecretary
Attachments: Exhibit A: Floor plan for 1320 Hermosa Avenue
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P.O. Box 3508 Redondo Beach GA 90277
The Shore Restaurant and Lounge
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W. Steven Jones. Architect telephone/fax 3I0.543.9353
P.O. Box 3505 Redondo Beach GA 90277
Shore uront and Lounge
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