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HomeMy WebLinkAbout2008-02-12 PC Minutes Regular MeetingMINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD, ON FEBRUARY 19, 2008, 7:00 P.M., AT THE CITY HALL COUNCIL CHAMBERS The meeting was called to order at 7:02 P.M. by Chairman Kersenboom. Commissioner Pizer led the Salute to the Flag. ROLL CALL Present: Hoffman, Kersenboom, Perrotti, Pizer Absent: Allen Also Present: Community Development Director Ken Robertson Associate Planner Richard Denniston Assistant City Attorney Lauren Feldman ORALfWRITTEN COMMUNICATION Roger Bacon, resident, noted his displeasure with what he saw depicted on television of the illegal activity taking place at Hermosa's beaches, such as fighting, urination on the. Plaza planters, sexual activity taking place on the 141h Street lifeguard tower, breaking into vehicles, children .left in unattended vehicles, empty alcohol bottles in vehicles, drinking. alcoholic `beverages on the beaches, over -crowding on the Plaza, etc; and he urged this City to take back this town and turn it back again to its former family -friendly community. He expressed his belief there are too many alcohol -related businesses in this town; and stated that he would like to see more restraint placed on the late closures of these establishments. Jim Lissner, resident, asked the Planning Commission to request that it be provided with an up-to- date chart of police calls in the Downtown area, believing this information will help the Commission make more appropriate decisions. Patty Egerer, resident, stated there is an impression being radiated throughout the community that there is a quasi -moratorium on alcohol outlets and she asked the Planning Commission to clarify the City Council's position on this matter. Commissioner Hoffman stated that the City Council has indicated they have no desire for any intensification of alcohol licenses in the City, noting this Council guidance has been given to the Planning Commission; that because of the absence of parking on Upper Pier Avenue, he stated it's virtually impossible for any of the establishments on Upper Pier Avenue to change from a retail use to a restaurant or bar use; and noted that a change from retail to restaurant and bar would require an intensification of use, which would require more parking. He noted that since those places are all basically non -conforming with respect to parking, this was Council's intent in that regard. Chairman Kersenboom moved that consideration of Agenda Item No. 8, C-36 -- Annual review and report on Conditional Use Permit compliance for restaurants with on -sale alcohol, be held at the end of the hearings. There was no objection. Planning Commission Minutes February 19, 2008 4. Approval of January 15, 2008 Minutes MOTION by Commissioner Perrotti, seconded by Commissioner Hoffman, to APPROVE the January 15, 2008, Minutes as presented. The motion carried as follows: AYES: Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: Allen 5. Resolution(s) for Consideration None. PUBLIC HEARINGS 6. VAR 08-1 -- An after -the -fact Variance to the provisions pertaining to expansion of nonconforming uses to allow demolition and reconstruction of the floor system in conjunction with an approximate 400-square-foot expansion to an existing single- family residence located on commercially zoned property at 818 4th Street. Staff Recommended Action: To direct staff as deemed appropriate. Associate Planner Richard Denniston presented staff report. Commissioner Hoffman asked if this project had proceeded as normal and upon demolition of the structure, the remaining floor structure that was left was completely rotted out, was full of termites and everything else one would expect of a 1920's below grade untreated foundation, could the owners have reconstructed the floor system exactly as it was, bringing it up to code one joist at a time. Director Robertson explained that if they would have come to the City and asked an inspector to visit the site and evaluate that exact situation, it would have been a judgment call on the part of the inspector; stated that staff could have easily worked with them in terms of doing just that, possibly reinforcing some of the floor joists located next to some of the rotted ones; and explained that as this proceeded along, maybe some of those could have been removed, the ones that had absolutely no structural value or no reason to stay, that it could have been worked out if they would have approached staff. Commissioner Perrotti asked that by granting the variance, would the same square footage remain. Director Robertson stated the final product is going to be exactly the same square footage. Chairman Kersenboom opened the public hearing. Dustin Gregg, project designer and manager, stated he did talk to a City inspector who indicated to him that they don't do pre -demolition inspections; and stated that by the time he relayed this information to the contractor, the contractor had already demolished the floor joists. He added that by bringing the existing floor system above grade, it's going to work out better in the long run for the entire floor system, pointing out it will be out of the water. Planning Commission Minutes February 19, 2008 There being no further input, Chairman Kersenboom closed the public hearing Commissioner Pizer noted his approval of this request, stating it's a small project that makes sense and noted that the damaged wood would have needed to be replaced regardless of the circumstances. Commissioner Perrotti stated he can support the findings for a variance because this property is unique, having been built 6 inches below grade; expressed his belief this matter was just procedural and that the homeowner and contractor probably didn't know all of the procedures to follow and therefore made a couple of mistakes to remedy the poor condition of the floor. Commissioner Hoffman stated that since the foundation footprint will stay the same and given the unique conditions as built, he can make the findings to support a variance. MOTION by Commissioner Pizer, seconded by Commissioner Hoffman, to APPROVE VAR 08-1 -- An after -the -fact Variance to the provisions pertaining to expansion of nonconforming uses to allow demolition and reconstruction of the floor system in conjunction with an approximate 400-square-foot expansion to an existing single-family residence located on commercially zoned property at 818 4th Street. The motion carried as follows: AYES: Kersenboom, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: Allen 7. CON 08-3 -- Vesting Tentative Tract Map No. 62446 for a 6-unit condominium project at 640 - 650 Hermosa Avenue. Staff Recommended Action: To approve said request. Associate Planner Richard ā¯‘enniston presented staff report and the recommendation for approval Chairman Kersenboom opened the public hearing. Cheryl Vargo, representing the applicant, stated that two years to record a map isn't a sufficient time, noting it takes much longer to get through the County's process; stated they were not aware until just recently that the map had expired; and advised that they are approximately five months away from recording the map, noting the building will be finished before they are able to record the map. There being no further input, Chairman Kersenboom closed the public hearing. Commissioner Hoffman stated this is a routine request, and concurred that two years isn't enough time to go through this entire process. MOTION by Commissioner Hoffman, seconded by Commissioner Perrotti, to APPROVE CON 08-3 -- Vesting Tentative Tract Map No. 62446 for a 6-unit condominium project at 640 - 650 Hermosa Avenue. The motion carried as follows: Planning Commission Minutes February 19, 2008 AYES: Kersenboom, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: Allen HEARING(S) 8. C-36 -- Annual review and report on Conditional Use Permit compliance for restaurants with on -sale alcohol. This matter was considered after Agenda Item No. 11.) 9. LLA 08-1 -- Lot Line Adjustment to transfer approximately 335 square feet of lot area from 1120 21 st Street to 1110 21 st Street. Staff Recommended Action: To approve said request. Associate Planner Richard Denniston presented staff report and the recommendation for approval. Staff noted for Commissioner Perrotti that what the Commission is actually doing is formalizing the legal settlement. Chairman Kersenboom opened the public hearing. Wendy Watanabe, representing the property owner of 1110 21$t Street, stated this is a joint application between the two property owners. Arif Hiati, owner of 1120 21" Street, stated he supports the recommendation. There being no further input, Chairman Kersenboom closed the public hearing. MOTION by Commissioner Perrotti, seconded by Commissioner Pizer, to APPROVE LLA 08-1 -- Lot Line Adjustment to transfer approximately 335 square feet of lot area from 1120 21st Street to 1110 21 st Street. The motion carried as follows: AYES: Kersenboom, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: Allen 10. A-14 --Appeal of the Director's decision to base the height measurement on a convex sloping lot at 428 31st Street. Staff Recommended Action: To direct staff as deemed appropriate. Associate Planner Richard Denniston presented staff report and the recommendation for approval. Chairman Kersenboom opened the public hearing. Patrick Cunningham, representing the applicant, stated if the convex condition is determined, they would be able to keep the height of the building which would allow them to have the rooftop deck, 4 Planning Commission Minutes February 19, 2008 increase one floor from 8 feet to 9 feet; and advised that they have lowered the garage as much as possible with the allowable slope on the garage. He pointed out that the surrounding lots all have this similar condition and that a similar condition at 242 31 st Street was previously granted a convex contour determination. There being no further input, Chairman Kersenboom closed the public hearing. Commissioner Pizer stated this lot does have a convex condition. Commissioner Perrotti stated the topographic profile shows the easterly property line has a clear convex condition. Commissioner Hoffman stated this is a convex slope. MOTION by Commissioner Perrotti, seconded by Commissioner Pizer, to APPROVE A-14 -- Appeal of the Director's decision to base the height measurement on a convex sloping lot at 428 31 st Street. The motion carried as follows: AYES: Kersenboom, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: Allen 11. Use interpretation regarding clothing recycling center, Planet Aid. Staff Recommended Action: To determine whether the proposed clothing drop boxes are "small recycling facilities" as defined by the Municipal Code, therefore subject to a Conditional Use Permit. Director Robertson presented staff report. Commissioner Hoffman asked if these facilities are going to be placed in the public right-of-ways or on private property. Director Robertson stated these will be on private property. Commissioner Hoffman noted that one of these is proposed to be within 100 feet of a residential use, which is precluded in the code. Director Robertson stated they possibly could move the bin further away. Commissioner Hoffman expressed his belief that five boxes seem excessive in Hermosa Beach. Director Robertson stated if the Planning Commission grants this interpretation, staff can work with Planet Aid in terms of finding appropriate sites, noting they will have to come back with specific conditional use permit requests. Commissioner Perrotti asked how other cities handle these requests. Associate Planner Richard Denniston stated that Redondo Beach is currently doing a conditional use permit on this as well and they are waiving their fees for the CUP. Planning Commission Minutes February 19, 2008 Director Robertson stated that Planet Aid will also be requesting of Hermosa Beach the waiving of the CUP fees, noting that would be a City Council determination. Commissioner Perrotti noted his concern with the proposed locations, suggesting they be placed more off the highway. Chairman Kersenboom opened the public hearing. There being no input, Chairman Kersenboom closed the public hearing. Commissioner Hoffman expressed his belief these would be considered small recycling facilities. Commissioner Pizer stated they are proposing too many sites in this small town. Director Robertson stated that staff will advise the applicants of the Commission's concerns with the number of locations being requested and that they will possibly encourage them to look at some sites on City -owned property. Commissioner Perrotti stated he believes the use is a small recycling facility and that it would be subject to a CUP. MOTION by Commissioner Perrotti, seconded by Commissioner Hoffman, to DETERMINE the use is a small recycling facility and is subject to a conditional use permit. The motion carried as follows: AYES: Kersenboom, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: Allen 12, C-36 -- Annual review and report on Conditional Use Permit compliance for restaurants with on -sale alcohol his matter was considered out of Agenda order.) Staff Recommended Action: To direct staff as deemed appropriate. Director Robertson presented staff report and referred to a supplemental correspondence regarding the North End Bar & Grill that was provided to the Commission this evening. He advised that staff has met with the North End owner in an attempt to resolve some of the issues with noise and activities outside the bar; and advised that there is an ABC issue with regard to their proportion of food service versus their alcohol sales. He noted that investigation has not yet taken place. He advised that since North End's CUP was granted without any conditions over 30 years ago, the City's continued enforcement efforts will be focused on the operations of the business as a restaurant and compliance with the noise ordinance and other provisions of the code to protect public health, safety and welfare. He advised that the supplemental document is from Sandy Saemann. Police Chief Savelli explained that it is difficult to narrow down the statistical data to the exact locations, but noted the department did its best to identify where the calls for service originated from; and expressed his belief the matrix indicates a fair representation of what's going on at the Plaza. He advised that the Restaurant Association has been given this same information, noting that some of the businesses disagree with the recorded violations; and he expressed his opinion there has been some improvement in the last year. Planning Commission Minutes February 19, 2008 Commissioner Perrotti asked if the City's Code Enforcement Officer is continuing the routine checks in this area. Director Robertson noted for Commissioner Perrotti that the City has not utilized the Code Enforcement Officer in this area recently; that they are relying on their relationship with the police department and their increasing understanding of the provisions of the CUP's to perform those checks; and expressed his belief this is a better method of dealing with this type of enforcement. Police Chief Savelli stated the officers are provided copies of the CUP's in order to address each CUP business; that the police officers are present to assist and provide support on a complaint - generated basis in this regard; and he explained that it is important to have direction as to what the department's enforcement posture is going to be and what a tolerable level of activity is. He added that the police officers routinely do bar checks on their own without needing to respond to a complaint as a preventative measure and also to check for violations. Commissioner Perrotti asked which hours of operation take precedence when those hours conflict. Police Chief Savelli stated the more restrictive hours of operation are enforced when there is a conflict between the City and ABC. Commissioner Pizer stated the report/chart is the best and clearest report the Commission has received since its policy to annually review the CUP's. He asked what can be done about illegal intoxication enforcement of pedestrians who wander into the neighborhoods and cause a lot of the problems. Police Chief Savelli explained that it is not illegal to go to a bar, have a few drinks and be under the influence of alcohol and walk home, advised that the definition of drunk in public is intoxication to the point that they're unable to care for themselves and/or present a danger to themselves or others; and noted it is a police determination of what they observe, such as slurred speech, unsteady gait, and/or bloodshot eyes, etc. He noted that they do arrest for public intoxication in Hermosa Beach; and that there has been a 10-percent reduction in these arrests, noting there were approximately 170 drunk in public arrests over the last year and approximately 190 the year prior. Commissioner Hoffman asked what ABC's policy is for violation of the 50/50 rule, sales of food versus sales of alcohol and asked what precipitates an ABC audit. Brandy Richards, ABC representative, explained that the gross sales of alcohol cannot exceed food sales; and advised that the standard penalty is a 15-day suspension with 5 days' stayed for a one-year period, meaning the business is puff on probation for one year; and if they re -violate with any conditions, those 5 days would be re -imposed. She stated the audit would be precipitated by complaint. Ms. Richards noted for Chairman Kersenboom that not all establishments in Hermosa Beach are under the 50/50 rule; and that any license they issue to a restaurant, those are expected to be a bona fide eating establishment, meaning their food sales should be greater than their alcohol sales. Chairman Kersenboom opened the public hearing 7 Planning Commission Minutes February 19, 2008 Marianne Webberly, resident, urged the City to do an official review of those businesses that have violated their CUP'S, believing there is adequate evidence presented this evening to identify those establishments. Jeff Duclos, resident, stated that Hermosa Beach needs to implement tougher controls with all establishments having a crowd limit above 50 persons; and stated that all those businesses should have fire sprinklers to make them safer for the public. James Crawford, Captain of the Hermosa Beach Fire Department and Fire Marshall, advised that Hermosa Beach does have an ordinance requiring fire sprinkler systems in new buildings over 3,500 square feet. Dan Gonzalez, resident, commended the police department for improving the problems in the Downtown area, noting his appreciation of their extra enforcement efforts; noted his support of the alcohol checkpoints in the City; and he urged the City to keep holding business owners and operators responsible for their businesses. George Barks, resident, stated that when he was on the City Council, there was a declining business atmosphere in the Downtown area; expressed his belief this area could be better managed; and noted his support for stricter enforcement of the CUP's and sending a strong message to the business ownersloperators that they will be held responsible for violating the CUP's. He expressed his belief there needs to be a better balance in this community, noting the occupancy rates are too high and there is far too much alcohol being served in this community. He encouraged the City to continue moving in the right direction. Julie Jennings, resident, urged the City to continue with its CUP enforcement efforts and stated that there should not be any more alcohol licenses granted. Morty Benjamin, resident, expressed his belief the hours of operation for these businesses should be earlier. Kelly Victor, resident living near North End Bar & Grill, stated they have never observed any problems or disruptions from this business and noted support of North End. Mary (last name inaudible), resident, noted her support of North End. Susan Saemann, resident living near North End Bar & Grill, stated she fears for her family's safety as a result of seeing a high number of intoxicated people staggering out of this bar and advised that she has to regularly call the police because of various disturbances stemming from this establishment, such as destruction of property, obscenities yelled at all hours of the night, street fighting on a regular basis, and an occurrence of a rape that occurred next to her home. She advised that their family can hear the patrons yelling for a cab; that some of these bar patrons are holding alcohol containers; and she stated that this bar has three security guards for this establishment, pointing out that it wouldn't need all this security if it wasn't a nuisance business. Kevin Mitchell, resident living near North End Bar & Grill, stated that he has lived here since 1993; commended North End for taking steps necessary to make sure this is a safe establishment; expressed his belief the owners 'are very responsible business owners; and stated that no one from his homeowners association has made any complaints regarding this business and that they are supportive of its operation. Planning Commission Minutes February 19, 2008 Steve (last name inaudible), Redondo Beach resident and employee at North End Bar & Grill, stated he understands the concerns raised about bar establishments, but stated they do not allow anyone to leave their premises with alcohol; that they try their best to keep their customers under control as much as possible; advised that they have 4 to 5 security people to control this establishment; and stated if there was a lot of opposition to this establishment, there would be more people present this evening in opposition. Mike McMann, resident living near North End Bar & Grill, noted his support for this establishment, stating he has had no problems with its operations. Norm Quint, resident, resident living near North End Bar & Grill, stated that in his experience with this establishment, it has been well regulated and considerate of the neighborhood; and that he does not see any need for further regulations on these establishments. He stated the current policing and enforcement is working well in Hermosa Beach. Jim Lissner, resident, commented on the high cost of providing additional enforcement; and he highlighted a chart which reflects the areas where there is a high concentration of assaults and a need for more enforcement. Mr. Saemann, resident living near North End Bar & Grill, stated that he appreciates the efforts of the police department, but stated it is not enough with regard to the activities that are taking place at this establishment. He submitted to the Commission a videotape of some of this activity, which includes drunk individuals walking down the street, screaming obscenities/profanity at all times of the night, fighting, etc.; and he advised that he has been documenting this nuisance activity for the past five years. He stated this establishment does not have adequate parking and that it has more alcohol sales than it does food sales; and he urged the City to conduct a formal hearing on this establishment. Nick DiAvilla, resident, stated that this area has greatly improved over the past couple years; and stated there is security at North End on the weekends. Duke Noor, resident, expressed his concern the lines that form outside these venues block equal and free access to those in wheelchairs, noting this is a violation of the law. He cited those businesses along Hermosa Avenue, such as The Shore and Blue 52 as two of the offenders and asked that they be cited for blocking free and equal access to the handicapped population. John Court, proprietor of the North End Bar & Grill, stated that he cares about the quality of life and safety of this neighborhood and his patrons; stated that he has met several times with the police to proactively address various problems; advised that he has 4 people on duty in the evenings to maintain an acceptable level of noise and other activity; stated they have an employee who polices the neighborhood within two blocks making sure that no body is causing problems; and advised that his employees are instructed to pick up any trash in the near vicinity even though it is not from his facility. He stated his establishment does have a 50150 situation coming up with ABC, but noted he is confident that through accounting adjustments and through adjusting other things, there will not be a problem with the 50/50 rule. He mentioned that they sell a lot of food, noting on Monday nights, they serve an average of 70 meals. Ron Newman, Sharkeez, stated that the City has done a good job in managing these businesses; and advised that his facility is equipped with fire sprinklers and other emergency safeguards. He stated there are a lot of customers in these businesses and noted that there are going to be some mistakes from time to time; advised that the restaurant association is diligently working to address Planning Commission Minutes February 19, 2008 those businesses that consistently violate their CUP's; and that there will continue to be more improvements with the enforcement activities. He expressed his belief that limiting the operating hours any earlier will have a negative impact on all the businesses in this area, not just the restaurants and bars. Chris Pike, Sangria Restaurant, stated his establishment is equipped with fire sprinklers; and expressed his belief that closing these establishments any earlier will only drive the people into the community for individual house parties. Patty Egerer, resident, stated there is a deepening divide between the commercial businesses and the residents in this community and she asked that this Commission maintain a fair balance with both sides; she expressed her belief there is a chronic abuse of the CUP regulations; and that there is adequate evidence to support the need for stricter enforcement. She pointed out that the police report/matrix was not generated because dinnertime meals were being served; and she advised that Suzy's bar, east of PCH, has been cited for an over -crowding problem and stated that there is no security at the door, which is a requirement of their CUP. She stated she'd like that issue addressed in the near future. Police Chief Savelli stated that he is aware of the violations at Suzy's, noting that an incident took place at this establishment on January 25, 2008; that he took official action in determining it was an unsafe condition and posted police officers at the door to control the environment; and stated that as a requirement of the CUP, he has placed this matter in the memo that was distributed to the Commission this evening. Chairman Kersenboom asked the police chief if he believes closing these bars at 8:00 P.M. will result in more partying in the neighborhoods. Police Chief Savelli stated that there is an increase in activity in the residential areas on major holidays when the Downtown facilities are closed; and noted the perspective of the police department is "if you close it, they don't come." He stated the majority of the clientele is young and prefers to visit this area after 11:00 P.M.; and advised that before their arrival, everything is completely fine in the Plaza. He stated if these bars and restaurants serving alcohol were to close at 8:00 P.M., the younger crowds would go elsewhere. He reiterated there is a definite change in the demographics around 10:30 to 11:00 P.M. Gary Vincent, Fat Face Fenner's, stated he is a very active, hands-on owner; noted that he takes exception to the 35 disturbances that his establishment is being held accountable for; and he asked that this information be provided to the businesses on a more short-term basis to allow the business owners to obtain the information that can be substantiated and cross-referenced with those incidents that have been placed against the businesses. He suggested that the business establishments be permitted to validate parking at a discounted rate to help entice dining customers to this area; and asked that consideration be given to allowing the use of sandwich boards to advertise daily specials. He stated the restaurant association is collaboratively working to improve this area; and stated when considering the high number of people that visit this area, the percentage of violations is very small. Ron Robuck, resident, expressed his concern with the nuisance activity in this area, such as screaming, public urination/defecation, graffiti, and vandalism to vehicles; and stated that more enforcement is necessary. There being no further input, Chairman Kersenboom closed the public hearing. 10 Planning Commission Minutes February 19, 2008 Commissioner Perrotti stated that the problems in the Plaza area have improved over the years; noted his concern that the City is not using its Code Enforcement Officer to investigate the CUP violations, believing this officer should be checking for infractions on the weekends; and stated that the City needs to hire another Code Enforcement Officer if necessary. Because the Community Development Department revenues are down, he suggested the City use some of its $10 million reserves to fund another position until the Community Development Department revenues pick up again. He stated that because some of the noise on weekend afternoons comes from the outside dining areas, it may be time to review the standards/regulations for outside dining to determine what's working and what's not working and then make some adjustments. He noted that Chief Savelli's letter and matrix indicate Blue 32 had 8 assaults, had over -crowding violations, violated its ABC operating hours; and noted that last year, this business had the largest number of violations. He pointed out that the Dragon has been cited for multiple ABC violations; and he recommended the Commission schedule informal hearings to address those two businesses. Commissioner Pizer expressed his belief Police Chief Savelli has done a good job in using all the tools available to make it better for the community; that looking at the matrix data, he could support conducting hearings to address the biggest offenders, possibly learning what the problems are and seeking a solution to those problems. He expressed his belief there is little that can be done to completely solve all the problems, noting that limiting the operating hours would be a last option. He stated in the meantime, there needs to be continued support for the police department. Commissioner Hoffman stated this is the most data the Commission has received for its annual review process, but pointed out that for him, it is difficult to interpret the statistics on the matrix. He noted the City can't arbitrarily close the businesses at midnight, that it would have to be a Council policy; advised that Council, at their last meeting, addressed how the City is going to handle the Downtown problems; and stated he would not support additional hearings at this time until Council gives clear direction and policy on this issue. He stated there does appear to be some establishments that seem to be blatant violators of their CUP's, but stated he is not ready to address those businesses until there is further clarification with regard to the data prepared by the police department. Chairman Kersenboom noted that the restaurant association is in its infancy; that it is making strides to self -police; and stated that there needs to be larger fines for those who violate their CUP's. Commissioner Hoffman stated that there is a lot of misinformation being circulated in regard to this matter; advised that the data indicates more than 90 percent of the police responded calls have nothing to do with these establishments; that the notion the police department spends all of its time policing 16 bars in the Plaza is not supported by the evidence; and expressed his belief there is a climate here that's not productive in solving these problems. Commissioner Pizer asked if more police enforcement would improve the problems. Chief Savelli stated that a surge in enforcement will help for a limited time; advised that he is reviewing all the alternatives available, including defining the elements of each of these crimes; and expressed his belief the City cannot police its way out of this problem. He stated his next report will be available two months from now. Commissioner Perrotti pointed out that some of the establishments do an excellent job while others push the envelop, noting that these violators should be taken to hearing. 11 PIanning Commission Minutes February 19, 2008 MOTION by Commissioner Perrotti, seconded by Commissioner Pizer, to schedule an informal CUP review hearing for Blue 32 and the Dragon. Commissioner Hoffman stated there is no informal hearing on a CUP before the Commission, stating the Commission has the authority to set them for hearing to revoke or modify a CUP or conduct an annual review, which is now being done. Commissioner Perrotti stated that an informal hearing is the third option in staff's recommendation. Director Robertson stated that an informal hearing is a legitimate option, noting this has been done this in the past; explained that it would serve the purpose of flushing out more detailed information on specific businesses; and he stated that the Commission might as well make it a formal hearing so they can take action based on the information that will be presented at that meeting. Commissioner Hoffman stated that the data does not indicate to him who the biggest violators are; and that he does not have sufficient evidence to make a determination to bring a specific forward for hearing. Chairman Kersenboom reiterated that the fines need to be greater for the CUP violations. Commissioner Pizer stated that more evidence will be available at that meeting wherein the offending business is called to the hearing and that the Commission will be able to obtain a better idea on how best to deal with those specific problems related to that business. Chief Savelli stated that there is some disagreement in the statistics from the bar owners/operators; and expressed his belief a hearing would pull out valuable information that could be used to solve those particular problems. He added that the matrix is simply a snapshot of the violations. Commissioner Hoffman asked Commissioner Perrotti why he has singled out Blue 32 and the Dragon. Commissioner Perrotti reiterated that Blue 32 had 8 assaults, cited twice for over -crowding, violated their ABC hours; and that the Dragon has multiple ABC violations. Commissioner Hoffman questioned if those are the two biggest offenders, noting that the statistics are unclear; and stated that any business called to hearing for their CUP is a serious matter for that establishment. Commissioner Perrotti stated that he disagrees with the use of the words "singled out," pointing out he used the logical process of utilizing the information in the CUP matrix provided by the police department and the memo by Police Chief Savelli; and stated that the data indicates these two establishments had the most violations. Chief Savelli concurred with Commissioner Perrotti's use of the data to make that selection; and stated he would support looking at objective symptoms and basically doing a diagnostic to see what's going on with a specific business. Assistant City Attorney Feldman stated that Commissioner Perrotti is correct, that he is adequately using evidence that was presented tonight from the police department. 12 Planning Commission Minutes February 19, 2008 Commissioner Perrotti's motion failed as follows: AYES: Perrotti, Pizer NOES: Hoffman, Kersenboom ABSTAIN: None ABSENT: Allen MOTION by Commissioner Hoffman to continue the reviewing the CUP's from all the bars/restaurants on the list, seeking additional input from Police Chief Savelli to clarify data as it relates to the top half dozen establishments with violations; and that the Commission seek direction from City Council, which is going to be considering CUP violations at its next meeting, and seek guidance/clarification from them on the technical enforcement of the CUP's. This motion died due to the lack of a second. MOTION by Commissioner Hoffman, seconded by Commissioner Pizer, to continue reviewing the CUP's of all the bars/restaurants on the list until the next scheduled meeting wherein a full Commission will be present. The motion carried as follows: AYES: Hoffman, Kersenboom, Pizer NOES: Perrotti ABSTAIN: None ABSENT: Allen 12. STAFF ITEMS Director Robertson noted that staff has provided the final form of the CUP matrix. 13. COMMISSIONER ITEMS None. 14. ADJOURNMENT The meeting was formally adjourned at 9:51 P.M. CERTIFICATION I hereby certify that the foregoing Minutes are a true and complete record of the action taken by the Planning Commission of Hermosa Beach at the regularly scheduled meeting of February 19, 2008. Langley senboom, Chairman en Robertson, Secretary 3_IF-0k Date 13 Planning Commission Minutes February 19, 2008