HomeMy WebLinkAboutPC Resolution 08-40 - (140 pier)P.C. RESOLUTION 08-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT
FOR ON -SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT
USE AT 140 PIER AVENUE, "NEW ORLEANS CAJUN CAF," LEGALLY
DESCRIBED AS LOTS 13 & 14, FIRST 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 New Orleans Cajun Cafe seeking approval for on -
sale beer and wine in conjunction with an existing restaurant with minor alterations to the
interior layout to install two bathrooms.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Conditional Use Permit 08-8 on September 16, 2008, at which
testimony and evidence, both oral and written, was presented to a considered by the Planning
Commission.
Section 3. Based on the testimony and evidence received, the Planning Commission
makes the following factual findings limited to the request for on -sale beer and wine only:
1. The site is zoned C-2, Restricted Commercial, which allows restaurant uses and on sale
beer and wine with approval of a Conditional Use Permit.
2. There has been a restaurant use onsite since 1975; New Orleans Restaurant has occupied
the site since 1996.
The site is located within the downtown area of the City of Hermosa Beach, which
includes Pier Avenue, Pier Plaza and portions of Hermosa Avenue.
4. The downtown area of the City of Hermosa Beach, which comprises Pier Avenue,
Hermosa Avenue and Pier Plaza, already contains a considerable number of Alcohol and
Beverage Control (ABC) licenses for on sale beer and wine, as follows:
■ Within a 600 foot radius of the subject site along Pier Avenue, there are nine
premises with on -sale beer and wine licenses (ABC License Type 41 and 42) and
three premises with on -sale general alcohol (ABC License Type 47 and 48).
• Within a 600 foot radius of the subject site along Hermosa Avenue, there are twelve
premises with on sale beer and wine license (ABC License Type 41 and 42) and
eight premises with on sale general alcohol (ABC License Type 47 and 48).
■ Within 600 feet from the subject site on Pier Plaza, there are seventeen premises
with on sale beer and wine licenses (ABC License Type 41 and 42) and twelve
premises with on sale general alcohol licenses (ABC License Type 47 and 48).
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Section 4. Based on the foregoing factual findings the Planning Commission makes the
following findings pertaining to the application for a Conditional Use Permit:
1. The Planning Commission conducted a review of on -sale establishments over the past
year due to complaints associated with on -sale alcohol, finding the existing concentration'
of on -sale establishments along lower Pier Avenue has adversely affected the character of
the area and the vision of the community as a seaside village, and has disturbed the peace
of residents in the vicinity.
2. The proximity of the subject site to Lower Pier Plaza and to other premises in the
downtown area with licenses issued by the California Department of Alcohol Beverage
Control will further exacerbate the current over saturation of ABC licenses in the
downtown area of the City of Hermosa Beach and approval of additional on -sale alcohol
establishments will contribute to a concentration of similar outlets in the area.
3. By contributing to the over saturation of ABC licenses, allowing on sale beer and wine
use at the subject site is likely to cause significant adverse impacts to the welfare of the
surrounding residential and/or commercial establishments in the vicinity.
Section 5. Based on the foregoing, the Planning Commission hereby denies the request
for Conditional Use Permit 08-8 to allow on -sale beer and wine in conjunction with a restaurant
at 140 Pier Avenue,
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, Hoffman, and Pizer
NOES: Comms. Perrotti and Darcy
ABSTAIN: None
ABSENT None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 08-40 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 21, 2008.
Sam Perrotti, Chairman AenRobertson, Secretary
October 21, 2008
Date
FAB951C➢1PC12008110-21-08 140 PierAve Reso ALCOHOL100108 Final
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