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Hermosa Beach Conditional Use Permit with On-Sale ABC License

THE SHORE LOUNGE, 1320 HERMOSA AVENUE,

Formerly Dano’s Beach Grill, The Element Restaurant, Eco Cafe, Tucci's Restaurant


Recent Hermosa Beach CUP Proceedings with On Sale ABC License

Still Water Contemp. Bistro at The Hermosa Pavilion

Union Cattle Co.        The Shore Lounge     The Dragon Bar    Aloha Sharkeez / Dragon CUP Review

  HB Planning Commission Annual Review of CUP's

  Lee's Teriaki & Tofu CUP     302 Pier Ave. CUP      T. J. Charlyz CUP 

   Hibachi Rest. CUP      Mama's Original CUP      Dano's / Element CUP



SUBJECT:

 

The Shore Lounge, formrly Dano’s Beach Grill, The Element Restaurant, Eco Cafe, Tucci's Restaurant


 

 

January 6, 2005

 

Honorable Chairman and Members of the                                                      Regular Meeting of

Hermosa Beach Planning Commission                                              January 18, 2005

 

 

SUBJECT:

INTERPRETATION OF PERMITTED FLOOR AREA AND

MEZZANINE FOR ELEMENT RESTAURANT

– 1320 HERMOSA AVENUE

 

Recommendation

 

To direct staff as deemed appropriate by minute order.

 

Background

 

On May 20, 2003 the Planning Commission approved a Conditional Use Permit Amendment for Element Restaurant. The approved project plans show the ground floor only and omit a mezzanine that the owner indicates has been used for several years.

 

Condition No. 1 of Resolution No. 03-23 approving the subject restaurant provides the following:

 

The continued use of the restaurant shall be substantially consistent with submitted plans. Minor modifications to any of the plans shall be reviewed and may be approved by the Community Development Director.

 

Based on the information on the plans and Condition No.1, the mezzanine is not part of the project. Further there is no building permit record indicating the mezzanine was improved as part of the restaurant. However, there is discretionary permit history for the property that clearly shows a mezzanine, though the area is smaller than what the owner maintains has existed.

 

The only use approved with a mezzanine with a plan was apparently Eco Café. This mezzanine is smaller than the one shown on the current plan prepared by the owner’s architect. Further, the only square footage reference found in the file is for a project with 3,200 sq. ft. (Tucci’s which followed Eco Café) and which does not have a plan.

 

The uses that followed Tucci’s also did not have a plan. (Please see attached Table Summary). For obvious reasons, this issue requires resolution before the owner can commence with tenant improvement plans which partly involve the mezzanine space and stairs.

 

Staff is seeking direction from the Commission on interpreting the permitted footage for the restaurant and mezzanine given the prior approvals and latest Commission action related to the property in 2003. The mezzanine is not proposed for customers and will provide an employee area and storage. If the owner is compelled to abandon the mezzanine, he will forfeit significant storage area necessary for the operation of the business.

 

 

Sol Blumenfeld, Director

 

Community Development Department

 

 

Attachments

1. Current & Prior Plan on File

2. Summary Table of Permits

3. Correspondence.

 

Element3


 

 

Restaurant Use Analysis for 1320 Hermosa Avenue

Business

Resolution #

Square Footage

Resolution Date

Eco Café

93-14

4850*

04/06/1993

Tucci’s

97-47

3194

06/17/1997

Dano’s

00-24

3194**

04/18/2000

Element

03-23

2439

05/20/2003

 

* Later reduced to 3194 square feet.

** No floor plans were submitted by Dano’s for their CUP Amendment to change from a restaurant serving beer and wine to a restaurant serving full alcohol. The square footage number on the staff report for Resolution No. 00-24 is based on previous discretionary approvals and is not shown on Dano’s plans.

 

 


 

May 15, 2003

 

Honorable Chairman and Members of the Regular Meeting of

Hermosa Beach Planning Commission May 20, 2003

 

SUBJECT:

 

REVIEW OF CONDITIONAL USE PERMIT 00-1 (RESOLUTION NO. 00-24)

ALLOWING THE CHANGE FROM ON-SALE BEER AND WINE TO ONSALE

GENERAL ALCOHOL FOR DANO’S BEACH GRILL, 1320

HERMOSA AVENUE

 

Recommendation:

 

Direct staff as deemed appropriate.

 

Background:

 

At the April 15, 2003 meeting, the Planning Commission directed the new owner of Dano’s to

submit a new seating plan for the restaurant prepared by a state-licensed design professional, and

the escrow instructions and proof of ownership, in order for the Commission to make a

determination on whether it is necessary to modify the existing Conditional Use Permit.

 

Analysis:

 

Pursuant to the Commission direction, the owner and staff have followed up on several issues

involving:

 

§ Ownership verification

 

§ Seating plan prepared by a licensed design professional

 

§ Acoustical study prepared by an acoustical engineer addressing the outdoor dining and

restaurant noise impacts.

 

The owner has provide escrow instructions indicating the business (restaurant and liquor license)

is being sold to Southern California Restaurant Endeavors. To follow up on Commission

direction, staff contacted the escrow officer who indicated that the documents transmitted are

accurate. The owner also contacted an acoustical engineer to proactively provide evidence that

the restaurant will not create a noise impact on the surrounding area.

 

The applicant has also submitted a proposed seating and floor plan for the new restaurant, which

must be reviewed during building plan check. At the previous meeting Commission inquired about

the accuracy of the plan. As the submittal indicates, a licensed architect prepared the floor and

seating plan, and staff must assume that it is accurate.

 

The plans also show several proposed changes to the existing restaurant layout (identical to the

changes shown on plans submitted to the Planning Commission at the April 15, 2003 meeting),

including an enlarged kitchen, a modified bar area and seating plan, enlarged and reconfigured

restrooms to comply with ADA requirements, and the proposed expansion of the existing patio

floor area by 88 square feet.

 

Based on the parking requirement of one space for each 100 square

feet of gross floor area for restaurant uses, the additional 88 square feet of floor area will require

an additional parking space for the restaurant use. Since there is no additional parking available

on-site, the processing of a Parking Plan is required to determine if alternative parking

arrangements are possible to satisfy the additional parking demand pursuant to Section 17.44.210

of the Hermosa Beach Zone Code (such as Commission approval of in lieu parking). The project

otherwise is consistent with the requirements of the C-2 zone and the General Plan.

 

Though the applicant has provided all of the information requested per Commission direction,

which addresses the conditions of concern in the existing CUP resolution (i.e. Conditions No. 1,

8, and 9) there are a few conditions that are literally no longer applicable and can be amended if

the CUP is amended (i.e. Conditions No. 1 and No. 11). Given that staff is recommending that a

Parking Plan be approved for additional required parking related to added floor area, the CUP

and Parking Plan may be considered together under a new application and publicly noticed

hearing.

 

Scott Lunceford

CONCUR: Planning Assistant

 

Sol Blumenfeld, Director

Community Development Department

 

Attachments

1. Escrow Instructions (excerpt)

2. Acoustical Study

Dano’s review cont

 

 


 

  1. Staff Recommended Action: To direct staff as deemed appropriate.

 

Director Blumenfeld explained that as directed by the Planning Commission, the applicant has provided evidence to verify the sale of the business to California Restaurant Endeavors and has submitted a floor plan and accurate seating plan - pointing out that the seating plan will need to be reviewed and approved by the Building Division. He stated that the applicant has also submitted an acoustical study prepared by an acoustical engineer, which stated that as long as the business does not exceed the DBA level of 85, the business will comply with the City's noise ordinance - noting the necessity to close the windows and doors during peak noise hours as part of the study recommendations.

 

He stated that there are several conditions that require clarification, some which are obsolete and some which need revisions relative to the current CUP conditions that are typically applied to new projects (Condition Nos. 1, 5, 6 and 11). Director Blumenfeld stated that while the applicant has submitted an acoustical study, which is consistent with the current requirements, there are several conditions which are not in the current CUP that the Planning Commission may want to consider; and noted that staff believes Condition Nos. 4 and 5 in Section 5 are grounds to modify the CUP, conditions which relate to noise and public safety.

 

In response to Commissioner Pizer's inquiry, Director Blumenfeld stated that the applicant has submitted a plan that reflects 88 square feet of additional floor area, area that was formerly dedicated for a bike rack; stated that if the 88 square feet is added to the floor area, it would require additional parking; that the applicant would need to process a Parking Plan in addition to a CUP amendment; and that this matter would have to be noticed for public hearing following the application of a Parking Plan.

 

Chairman Hoffman opened the public hearing.

 

Daniel Miller, owner of Dano's Beach Grill, commented on his discomfort with this lengthy process; and addressed his concern that continued hearings may negatively affect the sale of this business.

 

Chris Markakis, 101 Monterey Boulevard, Hermosa Beach, new business owner, stated that the new restaurant will be called Element; advised that the applicants have complied with this body's requests; and that they are in full compliance with the existing CUP. He explained that they will enhance the restaurant space to increase the kitchen area and comply with ADA requirements in the restrooms; and that at this time, he is withdrawing his proposal to alter the wall on the front of the building. He urged the Planning Commission to allow the current CUP to apply to this new business.

 

Mr. Markakis noted for Chairman Hoffman that Southern California Restaurant Endeavors is an LLC partnership comprised of himself and another partner.

 

Mr. Markakis clarified for Vice-Chairman Tucker that he is proposing at this time to maintain the patio in its current configuration.

There being no further input, Chairman Hoffman closed the public hearing.

 

Commissioner Perrotti addressed the necessity to keep the noise of the live entertainment contained to this facility; and expressed his belief there are grounds to amend the existing Conditional Use Permit (CUP).

 

Vice-Chairman Tucker noted that this business is not being asked to do anything more than similar businesses which have come before this body in the past year; suggested that a 6-month review of this business be included in the conditions; and noted that he would support granting a new CUP for this business.

 

Commissioner Perrotti highlighted his understanding of staff's suggestion to include additional conditions that relate to an acoustical study, outdoor seating, management responsibilities, live entertainment, self-closing doors, closure of windows, air conditioning and amplified patio music.

 

Director Blumenfeld highlighted the following requested changes to the conditions: Section 5, No. 4, "...adequate staffing and management...of the patrons both inside and outside...;" No. 6, "The Police Chief shall determine that a continuing police problem exists, and may authorize the presence of a police doorman and/or security personnel to eliminate the problem and/or shall submit a report to the Planning Commission..."; with regard to noise attenuation, the acoustical study condition would replace Condition 13; delete Condition 14 and 15. Director Blumenfeld stated that a new seating plan will have to be submitted, which can be reviewed/approved by the Building Division.

 

MOTION by Commissioner Perrotti, seconded by Vice-Chairman Tucker,

 

to APPROVE the modification to CUP 00-1 for Dano's Beach Grill at 1320 Hermosa Avenue; moved to include the suggested changes as mentioned above and to include a 6-month review of this business following its opening for business.

 

The motion carried as follows:

 

AYES: Hoffman, Perrotti, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: Kersenboom

 

 


 

 

MINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
MAY 20, 2003, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS

 

PUBLIC HEARING(S)

6.  CUP 00-1 -- Review of the Conditional Use Permit for Dano's Beach Grill at 1320 Hermosa Avenue (continued from March 18 and April 15, 2003 meetings). (PDF File).

Staff Recommended Action: To direct staff as deemed appropriate.

Director Blumenfeld explained that as directed by the Planning Commission, the applicant has provided evidence to verify the sale of the business to California Restaurant Endeavors and has submitted a floor plan and accurate seating plan - pointing out that the seating plan will need to be reviewed and approved by the Building Division. He stated that the applicant has also submitted an acoustical study prepared by an acoustical engineer, which stated that as long as the business does not exceed the DBA level of 85, the business will comply with the City's noise ordinance - noting the necessity to close the windows and doors during peak noise hours as part of the study recommendations. He stated that there are several conditions that require clarification, some which are obsolete and some which need revisions relative to the current CUP conditions that are typically applied to new projects (Condition Nos. 1, 5, 6 and 11). Director Blumenfeld stated that while the applicant has submitted an acoustical study, which is consistent with the current requirements, there are several conditions which are not in the current CUP that the Planning Commission may want to consider; and noted that staff believes Condition Nos. 4 and 5 in Section 5 are grounds to modify the CUP, conditions which relate to noise and public safety.

In response to Commissioner Pizer's inquiry, Director Blumenfeld stated that the applicant has submitted a plan that reflects 88 square feet of additional floor area, area that was formerly dedicated for a bike rack; stated that if the 88 square feet is added to the floor area, it would require additional parking; that the applicant would need to process a Parking Plan in addition to a CUP amendment; and that this matter would have to be noticed for public hearing following the application of a Parking Plan.

Chairman Hoffman opened the public hearing.

Daniel Miller, owner of Dano's Beach Grill, commented on his discomfort with this lengthy process; and addressed his concern that continued hearings may negatively affect the sale of this business.

Chris Markakis, 101 Monterey Boulevard, Hermosa Beach, new business owner, stated that the new restaurant will be called Element; advised that the applicants have complied with this body's requests; and that they are in full compliance with the existing CUP. He explained that they will enhance the restaurant space to increase the kitchen area and comply with ADA requirements in the restrooms; and that at this time, he is withdrawing his proposal to alter the wall on the front of the building. He urged the Planning Commission to allow the current CUP to apply to this new business.

Mr. Markakis noted for Chairman Hoffman that Southern California Restaurant Endeavors is an LLC partnership comprised of himself and another partner.

Mr. Markakis clarified for Vice-Chairman Tucker that he is proposing at this time to maintain the patio in its current configuration.

There being no further input, Chairman Hoffman closed the public hearing.

Commissioner Perrotti addressed the necessity to keep the noise of the live entertainment contained to this facility; and expressed his belief there are grounds to amend the existing Conditional Use Permit (CUP).

Vice-Chairman Tucker noted that this business is not being asked to do anything more than similar businesses which have come before this body in the past year; suggested that a 6-month review of this business be included in the conditions; and noted that he would support granting a new CUP for this business.

Commissioner Perrotti highlighted his understanding of staff's suggestion to include additional conditions that relate to an acoustical study, outdoor seating, management responsibilities, live entertainment, self-closing doors, closure of windows, air conditioning and amplified patio music.

Director Blumenfeld highlighted the following requested changes to the conditions: Section 5, No. 4, "...adequate staffing and management...of the patrons both inside and outside...;" No. 6, "The Police Chief shall determine that a continuing police problem exists, and may authorize the presence of a police doorman and/or security personnel to eliminate the problem and/or shall submit a report to the Planning Commission..."; with regard to noise attenuation, the acoustical study condition would replace Condition 13; delete Condition 14 and 15. Director Blumenfeld stated that a new seating plan will have to be submitted, which can be reviewed/approved by the Building Division.

MOTION by Commissioner Perrotti, seconded by Vice-Chairman Tucker, to APPROVE the modification to CUP 00-1 for Dano's Beach Grill at 1320 Hermosa Avenue; moved to include the suggested changes as mentioned above and to include a 6-month review of this business following its opening for business. The motion carried as follows:

AYES: Hoffman, Perrotti, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: Kersenboom

 

 


 

March 10, 2003

 

Honorable Chairman and Members of the                                                Regular Meeting of

Hermosa Beach Planning Commission                                                     March 18, 2003

 

SUBJECT:

 

REVIEW OF CONDITIONAL USE PERMIT 00-1 (RESOLUTION NO. 00-24)

ALLOWING THE CHANGE FROM ON-SALE BEER AND WINE TO ON-SALE

GENERAL ALCOHOL FOR DANO’S BEACH GRILL, 1320 HERMOSA AVENUE

 

Recommendation:

 

Direct staff as deemed appropriate.

 

Background:

 

On January 27, 2003 Police Chief Lavin provided the attached correspondence requesting that the Planning

Commission review the existing Conditional Use Permit (CUP Resolution No. 00-24) for Dano’s Beach Grill

due to reoccurring disturbances and recent arrests at the restaurant.

 

At the February 18, 2003 meeting, the Planning Commission directed staff to set the matter for public hearing,

based on the requirements of Condition No. 6 that stipulates automatic review of the CUP if the Police Chief

determines that there is a continuing police problem.

 

Analysis:

 

Based upon the evidence presented at this hearing, the Commission may monitor, modify or revoke the

CUP. The Police Department’s complaint relative to the CUP Conditions of Approval involves incidents

at Dano’s that violate Condition No. 4, which states that “the business shall provide adequate staffing,

management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the

patrons outside the business and in nearby public areas.”

 

According to the attached Police Incident Report, two separate fights broke out at Dano’s on December 21

and 29, 2002 involving up to 60 people due to a lack of proper staff supervision which required mutual aid

from the Manhattan Beach and Redondo Beach Police Departments. There were three arrests made in

connection with these incidents.

 

The lack of adequate supervision was also attributed to at least one juvenile found drinking at the

location. Given the on-going nature of the disturbances at Dano’s, the police may authorize the presence

of a police approved doorman and/or security personnel to eliminate the problem.

 

A new restaurant partnership group has purchased Dano’s with the intent of opening a restaurant with onsale

general alcohol. According to the new owners, they plan on converting the business into an upscale

restaurant offering Continental cuisine and discontinuing the dance club aspect of the existing use.

 

The Planning Commission may want to require that the new owners to obtain a new CUP for their business or

modify the existing CUP to require additional security and operating controls, such as restrictions on live

entertainment or operating hours, to ensure there are no further problems at the location.

 

Scott Lunceford

CONCUR: Planning Assistant

 

Attachments:

Sol Blumenfeld, Director 1. Resolution 00-24

Community Development Department 2. Police Chief Correspondence & Incident Report

3. Correspondence

Dano’s review

 


 

  1. Review of the Conditional Use Permit for Dano's Beach Grill at 1320 Hermosa Avenue.

 

Staff Recommended Action: To direct staff as deemed appropriate.

 

Director Blumenfeld advised that this is a review of Resolution No. 00-24, the Conditional Use Permit allowing on-sale beer and wine and on-sale general alcohol for Dano's Beach Grill; and added that this item was initiated at the request of Hermosa Beach Police Chief Lavin, who requested that the Planning Commission consider reviewing the existing Conditional Use Permit due to disturbances and recent arrests at the restaurant.

 

Director Blumenfeld stated that the police incident reports reflect that there was inadequate staffing and management at the restaurant. He highlighted the two major disturbances which happened in December 2002, wherein mutual aid police units had to be called in to assist with the situation.

 

Director Blumenfeld stated that this property is currently being purchased by another group that has indicated a plan to operate as an up-scale restaurant. Director Blumenfeld explained that the Planning Commission could leave the current Conditional Use Permit in place and have the new owner be responsible for implementing the conditions of that permit; that the Planning Commission could modify the Conditional Use Permit and set more restrictive measures with respect to security and operating controls. 

 

That the Planning Commission could establish a 6-month review period to see how the business is operating with that modified permit; and that the Planning Commission could revoke the Conditional Use Permit and require that the new owner obtain a Conditional Use Permit and draft new conditions on that basis.

 

Police Chief Lavin highlighted the incidents that have taken place at this establishment; explained that the two major incidents resulted in a large fight which resulted in calling out mutual aid, stating that this is rarely necessary in this City and that fights of this magnitude are not usually encountered in this City; pointed out that the two incidents happened two weekends in a row; and that he believed it was necessary to take steps to make sure that the management practices are modified or adjusted to make sure this does not happen again.

 

Commissioner Perrotti questioned whether the Fire Department has checked the operations at this facility for over-crowding.

Responding to Commissioner Perrotti's inquiry, Police Chief Lavin stated that the Fire Department has made inspections at this business and that he is not aware of any citations that have been issued for over-crowding.

 

Police Chief Lavin expressed his belief that a change to up-scale restaurant versus a nightclub should improve the conditions at this site in the future.

 

Commissioner Tucker questioned whether the Police Department has a training program for the doormen at these types of businesses.

 

Addressing Commissioner Tucker's question, Police Chief Lavin stated that the Police Department usually meets with operators of these type businesses once or twice a year to talk about the role of doormen, what they can and cannot do in the realm of their responsibilities; that the Police Department does not provide the training, but that they communicate to the businesses what they would like to see the doormen doing.

 

Commissioner Tucker questioned if fights break out at other establishments.

 

Police Chief Lavin noted for Commissioner Tucker that other establishments in this area have experienced fighting; and stated that the police foot patrols are put in place to help alleviate this problem on the weekends.

 

Vice-Chairman Hoffman questioned where the responsibility of a doorman begins and ends and where the police responsibilities begin.

Police Chief Lavin explained that the type of music being played, the type of alcohol being served, and the business practices all play a part in the proper crowd control; and noted the necessity to engineer the practices on the front-end so that it reduces problems on the back-end.

 

Chairman Pizer opened the public hearing.

 

Dano Miller, owner of Dano's Beach Grill, stated that the successors of this business plan to operate an upscale restaurant; explained that there have been no further disturbances at his place of business; and he thanked the police for their assistance. He asked that the Conditional Use Permit not be altered, noting that it may have a detrimental impact on the final sale of his business.

 

Chairman Pizer questioned whether the restaurant has been sold and, if not, when the process would be complete.

 

Mr. Miller noted his expectation that the sale should be finalized within the next 30 days if no change is made to the Conditional Use Permit; and urged the Planning Commission to give the new owners an opportunity to start their business without added restrictions.

Chris Marquez, incoming business partner with Southern California Restaurant Endeavors, advised that the new name of the business will be Element; explained that it will be a sophisticated, up-scale restaurant serving steak, seafood and pasta dishes.

 

He stated that the deal on the table would be affected by the changing of the existing Conditional Use Permit and would deem this business less competitive with other restaurants in the area. He added that the problems have ceased at Dano's as a result of altering his business activities.

 

Chairman Pizer questioned whether the new owners are planning any modifications to the facility.

 

Mr. Marguez advised that plans have been submitted to City staff for minor cosmetic changes to the exterior of the building, to increase the capacity of what the current kitchen can put out, and to move the fencing out, but not to change the dining capacity.

 

Director Blumenfeld noted for Commissioner Perrotti that the Conditional Use Permit does not restrict outdoor dining.

 

Mr. Marguez stated that he would like the opportunity to provide live entertainment, possibly a 3-piece band for a special event, private party or wedding reception; and he reiterated that this will be a restaurant and not a dance club. He stated that he expects the sale of this business to go through within the next 30 to 60 days, pending no change to the Conditional Use Permit. He added that he would like to be in operation by June.

 

There being no further public input, Chairman Pizer closed the public hearing.

 

Commissioner Tucker stated that he would like to view the submitted plans; and that he would prefer that this sale be completed without any change to the Conditional Use Permit - stating that a change this evening may not work for the new business.

 

Commissioner Perrotti highlighted the necessity to remind problematic establishments in the community that they have a responsibility to maintain a respectable operation that does not require routine assistance of the Police Department; and expressed his belief that the change in ownership and operation at this establishment will be an improvement in the business operations.

 

He stated that at this point in time, he would not recommend a change in the Conditional Use Permit. He expressed his belief that outdoor dining hours should be consistent throughout the City with these types of businesses.

 

Vice-Chairman Hoffman expressed his belief that the operational problems have improved with this business; and stated that the property owner should be given the opportunity to complete the sales transaction without the hindrance of adding new restrictions to the Conditional Use Permit - questioning whether this could be contingent upon the transfer of the business.

 

Commissioner Kersenboom suggested leaving the Conditional Use Permit as is, but suggested that this matter be reviewed by the Planning Commission in a month.

 

Director Blumenfeld suggested that the Planning Commission may consider continuing this matter until such time that the applicant is able to submit to the Commission plans for the development and operation of the establishment, which would include plans for outdoor dining.

 

Vice-Chairman Hoffman stated that he would like to see proof of the sales transaction, such as the escrow papers.

 

Commissioner Tucker addressed his support for not changing the Conditional Use Permit at this time; suggested allowing the property owner 60 days to get through the escrow process; and noted that based upon the submitted plans, modifications may become necessary.

 

MOTION by Commissioner Kersenboom, seconded by Commissioner Perrotti,

 

to CONTINUE CUP 00-1 -- review of the Conditional Use Permit for Dano's Beach Grill at 1320 Hermosa Avenue to the next meeting in order for the new owner to submit a set of plans for Planning Commission review.

 


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