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 City of Hermosa Beach --- 05-09-00
SUBJECT: APPEAL OF MODIFICATION TO CONDITIONAL
USE
Recommendation: Adopt the attached Resolution, sustaining the Planning Commission’s decision to modify the Conditional Use Permit with additional Conditions of Approval.
Background:
ENVIRONMENTAL DETERMINATION: Categorically Exempt, pursuant to Section 15303, Class 22 and 15315 of the California Environmental Quality Act Guidelines with the finding that the project is an action by a regulatory agency to enforce or revoke a permit or other entitlement for the use issued. Pursuant to Chapter 17.20 of the Zone Code, the Planning Commission may after a public hearing revoke or modify any permit on any one or more of the following grounds:
The City Council in 1978 granted a Conditional Use Permit (CUP) for beer and wine in conjunction with a restaurant at the subject location. In 1984, the Board of Zoning Adjustment granted an amendment to the existing CUP to expand into the adjacent floor space. In 1995, the Planning Commission approved a Master Parking Plan for the entire restaurant/office/retail complex on the subject property. In November 1998, the City Council on appeal sustained the Planning Commission's September, 1998 CUP approval for On-Sale General Alcohol with Special Conditions including that the hours of operation shall be limited to 8:00 A.M. to 11:00 P.M. Sunday through Thursday and until 2:00 A.M. Friday and Saturday. This approval included the requirement that the project be reviewed after six months of operation. At the December 1, 1999 meeting, the Planning Commission extended the CUP compliance review period for two months in which time the business owner was directed to resolve several CUP violations including noise problems and obtain a final building permit and final Certificate of Occupancy. At the February 15, 2000 meeting, the Planning Commission directed staff to set the matter for a public hearing at their next meeting for Conditional Use Permit revocation or modification due to continuing violations. At the March 18, 2000 meeting, the Planning Commission modified the approved CUP Resolution No. 98-57 by adopting Resolution 00-15 (Please See Attached Resolution).
Analysis: The property is zoned C-2, with commercial uses located on commercially zoned property to the north and south, and residential uses on residentially zoned property to the east. The proximity of the residential neighborhood to the east has made nighttime noise at the restaurant a continuing problem and the City Council has limited operating hours to help resolve this problem. Other restrictions imposed previously to mitigate the noise problems included eliminating employee and customer parking at the rear of the property and limiting building ingress/egress on Palm Drive.
PARKING: The Master Parking Plan, approved in 1995, serves as a means of mitigating the loss of parking spaces along Palm Drive adjacent to the residents and allows utilization of the space for additional office and storage. The property owner initially complied with the provisions of the Parking Plan, however, there are currently violations. Parking signs are posted which prohibit shared public parking arrangements. This defeats the purpose of the Parking Plan to maximize public parking. When certain businesses are closed, other businesses are open and should be able to use the parking without limitation. On May 2, 2000, staff found new signs posted restricting parking to the operating hours of one tenant, the restaurant operator, Pacific Foods. None of the signs indicate that there is public parking available as required under the Parking Plan. Also two vehicles, one without current registration, and a motorcycle are being stored in one of the spaces, which reduces available parking (Please See Attached Photo).
CONVERSION TO FLOOR AREA: The Conditions of Approval for the general alcohol require compliance with the approved Parking Plan and that building permits be obtained for the garages converted to floor area along Palm Drive. A final Certificate of Occupancy for the remodeling of Ibiza restaurant is still being withheld since no new permits have been issued to complete the project. The business owner was notified on June 14, and 28, 1999 of this requirement and informed again by the Planning Commission at the December 1, 1999 CUP compliance review meeting. To date most of the work required to complete the project has been accomplished, but without a building permit or an inspection. Further, the converted garage area for the restaurant is shown as storage area on Commission approved project plans, but this area has been converted to a lounge with additional seating area (two couches) in violation of the Conditional Use Permit and previously approved Parking Plan (Please See Attached Plans).
NOISE COMPLAINTS AND NUISANCES: In order to reduce noise and other disturbances to the residents along Palm Drive, the City Council upon reconsideration of the Planning Commission's approved CUP, required that the exit to Palm Drive have a solid core, self closing door, with panic hardware and an "Emergency Exit Only" sign. The self-closing, panic hardware has been installed; however the sign has not been installed and the door is not solid core. Recently, this door was found pad-locked in violation of Section 1003.3.1.8 of the Building Code. (Please See Attached Photo). Adjacent neighbors have previously complained that the door was regularly ajar and used by employees and customers; late night deliveries are also made via the exit according to neighbors. Staff visited the site on February 14, 2000 and found the door ajar and the self-closing mechanism not operable (it was necessary to push the door closed into the lock position). Also, on March 14, 2000 staff visited the site again and found the self-closing mechanism still not operable. Staff also found at this time (February 14, 2000) that noise and music was drifting from the restaurant through a door adjacent to the storage area converted to restaurant and floor area. Some noise apparently drifted over the building and some was due to the door openings along Palm Drive. According to Police records, from February 1999 through January, 2000, there were a total of 45 calls regarding loud music, and/or noise, 2 battery incidents, and 16 minor crimes and/or rescues. These incidences continued after the Planning Commission's Conditional Use Permit compliance review in December at which time the Planning Commission directed the business owner to comply with the CUP, Zoning Ordinance, and Noise Ordinance. The police had not received any additional calls regarding noise or other disturbances from February 15, 2000 to March 14, 2000 however, recent check of Police records indicates that from March 14 to May 2, 2000 there has been two incidences of noise, one for loud music, and one for loud patrons leaving the restaurant.
OUTDOOR SEATING AND INTERIOR SEATING LAYOUT: A patio cover and enclosure were constructed by the previous restaurant tenant over an outdoor dining area (without building permits) in the past to mitigate noise. During restaurant remodeling the cover and enclosure were removed at the direction of the Building Inspector, who found the enclosure unsafe. Plans submitted and approved by the Planning Commission and City Council for the Ibiza restaurant CUP did not indicate whether outdoor seating was permitted and it was not indicated on approved plans. Also the approved interior seating has been modified to increase the bar area and to reduce the table seating. Both of these modifications conflict with Condition No. 11, which states that "Any changes to the interior or exterior layout which alters the primary function of the restaurant shall be subject to review and approval by the Planning Commission." In response to the added noise created by the open patio, the Commission recommended that the owner submit plans and obtain permits to completely enclosed the space and until such enclosure occurs that the patio use be prohibited past 9:00 PM.
FIRE INSPECTIONS: The Fire Department, which routinely inspects businesses for fire safety purposes including patron occupancy load checks, visited Ibiza Restaurant. On several occasions the restaurant was found to be over-crowded and the business owner was warned that future violations will be cited.
DISCHARGE OF WATER AND DEBRIS INTO PALM DRIVE. At the Planning Commission Public Hearing, residents submitted photos of the trash facility being cleaned and water and debris being swept into Palm Drive which is a violation of the Hermosa Beach Municipal Code Section 12.12.060 (Please See Attached Photos).
ADDITIONAL CONDITIONS OF APPROVAL : Rather than revoke the CUP, the Planning Commission opted to add the following conditions to the Conditional Use Permit as a means to mitigate the negative impacts to the neighbors and set a date certain to review compliance with the intent of commencing with CUP revocation if there was substantial evidence that the owner was still not in compliance. The additional conditions are:
In response to the appellant’s letter dated April 6, 2000, staff has noted that most of the outstanding Building Code and CUP violations remain. (Please See Attached List) No plans have been submitted to the Community Development Department in connection with construction along Palm Drive or to correct the illegal conversion of a storage area to restaurant area. Plans have also not been submitted to enclose the patio area or create an entry vestibule as noise mitigation measures. The Parking Plan conditions required under the restaurant CUP have not been implemented and Fire Department staff have not directed the business owner to permanently lock an exit door to Palm Drive, as it is a required emergency exit for the building. Noise problems have been reduced as indicated by testimony given by residents of the area during the March 18, 2000 meeting of the Planning Commission, but the concern of the residents and the Commission is to find a long-term solution to noise problems by implementing the building and property improvements required by City Council and recently augmented by the Planning Commission. (Please See Appellant’s Letter.)
C.C. RESOLUTION 00-
The City Council does hereby resolve and order as follows:
Section 1 . An appeal was filed by South Bay Holding Company LLC business owner of Ibiza restaurant, at 934 Hermosa Avenue seeking to appeal the Planning Commission’s decision to modify the current Conditional Use Permit by modifying and adding more Conditions of Approval.
Section 2. In November, 1998, the City Council on appeal sustained the Planning Commission's September, 1998 CUP approval for On-Sale General Alcohol with Special Conditions including that the hours of operation shall be limited to 8:00 A.M. to 11:00 P.M. Sunday through Thursday and until 2:00 A.M. Friday and Saturday. This approval included the requirement that the project be reviewed after six months of operation.
Section 3. At the Planning Commission meeting of December 1, 1999, the subject restaurant was given a six month review to determine compliance with the CUP Conditions of Approval. At this time, it was determined that there was not complete compliance, and the restaurant was given until February 15, 2000 to comply with all Conditions of Approval. At the February 15, 2000 meeting, the Planning Commission found that there continued to be lack of compliance and directed staff to schedule a public hearing to revoke or to amend the Conditional Use Permit (PC Resolution 98-57) for On-Sale General Alcohol in conjunction with a restaurant.
Section 4. The Planning Commission conducted a duly noticed de novo public hearing to consider the revocation or amendment for the Conditional Use Permit on March 21, 2000, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission.
Section 5 . The City Council conducted a duly noticed de novo public hearing to consider the appeal of the Planning Commission’s decision on May 9, 2000, at which testimony and evidence, both written and oral, was presented to and considered by the City Council.
Section 6. Based on the evidence received at the public hearing, the City Council makes the following factual findings:
Section 7. Based on the foregoing, the City Council hereby sustains the decision of the Planning Commission to amend the Conditional Use Permit by modifying the Conditions of Approval and adding more Conditions of Approval.
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