1.
PUBLIC
HEARINGS - TO COMMENCE AT 7:30 P.M.
a.
PLANNING
COMMISSION DENIAL, ON SEPTEMBER 20, 2005, OF CONDITIONAL USE PERMIT
AMENDMENT FOR A RESTAURANT WITH ON-SALE ALCOHOL TO CHANGE THE CLOSING TIME
FROM 12:00 MIDNIGHT TO 2:00AM DAILY AT 73 PIER AVENUE, MEDITERRANEO
RESTAURANT.
(Continued from meeting of October 11, 2005 per applicant’s request).
Letter from applicant dated February 21, 2006.
a.
RECOMMENDATION:
Continue Public Hearing per applicant’s request.
MINUTES OF
THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
SEPTEMBER 20, 2005, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS
6.
CUP 05-8 -- Conditional Use Permit amendment for a restaurant with on-sale
alcohol to change the closing time from 12:00 midnight to 2:00 A.M. daily at
73 Pier Avenue, Mediterraneo.(PDF
File).
Staff
Recommended Action: To direct staff as deemed appropriate.
Senior
Planner Robertson advised that the Mediterraneo restaurant is located on the
north side of Pier Plaza, the former location of Brewski’s; and noted that
it has been operating as Mediterraneo, a sit-down restaurant, since early
2004. When the Planning Commission approved this conditional use permit
(CUP) in October 2003, he noted that the hours were limited to 2:00 A.M. and
that live entertainment would cease at 1:15 A.M.; however, he advised that
in December 2003, City Council sustained the Planning Commission’s decision
to allow on-sale alcohol, but imposed a more restrictive closing time of
midnight. He stated that the applicant is now seeking authorization to close
at the 2:00 A.M. hour, as previously recommended by the Planning Commission;
and pointed out that this is the only change being requested this evening.
Senior Planner Robertson explained that the midnight restriction was based,
in part, on Council’s feelings that an upscale, sit-down restaurant did not
need later hours – believing it would create more of a bar or nightclub
atmosphere and that the business operation hours could be reviewed after six
months of operation. He pointed out that since the opening of the
Mediterraneo restaurant, there have been no reported problems with respect
to noise or other violations with its CUP. He added that the Commission has
been provided a list of the restricted hours for other restaurants on Pier
Plaza, many which have bars operating from 7:00 A.M. to 2:00 A.M. He stated
that staff is seeking the Commission’s direction on this proposal.
Commissioner Kersenboom recalled that the Commission’s prior concern was
that this establishment not turn into another nuisance party spot.
Director
Blumenfeld noted that some of the Commission’s prior deliberations pertained
to whether this was going to be a sit-down restaurant that offered a full
menu; noted staff’s opinion that this is a dining establishment; and pointed
out that over the period of time it’s been in operation, the business has
demonstrated it is a full service restaurant and has not had any Conditional
Use Permit violations.
Commissioner Kersenboom questioned if the applicant is proposing any change
in the seating plan or a dance floor.
Director
Blumenfeld advised that a seating plan has been prepared at staff’s request
and that the area layout is the same and no dance floor is being proposed.
The
Commission reviewed the seating plan at this time.
Director
Blumenfeld confirmed for Commissioner Perrotti that there have been no
citations with this business; and explained that when the City commenced its
code enforcement activity in this area at the end of last year and beginning
of this year, no violations were observed.
Chairman
Pizer opened the public hearing.
Albro
Lundy, attorney representing the applicant, stated that two years ago, in
2003, there was an approval for a 2:00 A.M. closing hour, which was an
important decision to help this business become financially viable; and
stated that Mediterraneo is a European, upscale restaurant with exceptional
food and wine. He advised that Tommy Short owned Brewski’s for 10 years
without any issuance of a single citation; and added that two years ago, Mr.
Short turned this facility into this upscale restaurant known as
Mediterraneo. He stated that this restaurant needs the extended hours to
financially sustain itself; advised that it’s been operating since November
2003; that the business has successfully undergone the 6-month review
process; and expressed his belief that after two years of operation, this
business has proven it is an enhancement to this area and the City. Mr.
Lundy explained that businesses in this area make their profits after hours
when the Plaza area is alive with business; and advised that they are not
planning on having a bar or dance floor, but that they intend to improve the
quality of Hermosa Beach and the quality of its night life. He mentioned
that one of the arguments at the City Council level was to allow this
restaurant to compete with the other restaurants in this area; that Council
directed the midnight restriction be imposed for six months and then
following with a review process; and he stated that this business has proved
it can operate under the conditions imposed and he urged the City to allow
this business to stay open until 2:00 A.M. daily.
Mr. Lundy
noted for Commissioner Kersenboom that the CUP has a provision which states
no live entertainment will be permitted, with the exception of special
occasions like New Year’s Eve. He stated they would probably either have a
non-amplified acoustic guitar, a trio, piano, or violin. He reiterated that
there is no interest in turning this business into a bar.
Matt
Houston, general manager of Mediterraneo and resident of Hermosa Beach,
expressed his belief this business has proven it is an upstanding business
in this community; stated that they are committed to maintaining a classic
environment, with excellent food and drink; and he urged support of this
request so they can continue to provide an upscale dining environment for
Hermosa Beach.
Commissioner Perrotti questioned if any type of food would be served after
the kitchen closes.
Mr.
Houston stated that the kitchen currently closes at 11:30 P.M. and that they
are interested in being able to serve food a half hour to an hour later,
noting that simple cuisine will be served at the later hour, such as
desserts and finger foods.
Chairman
Pizer questioned if this restaurant is currently profitable.
Mr.
Houston noted for Chairman Pizer that the first year was a big challenge,
but that this second year, he feels they are becoming more successful,
establishing much more of a regular clientele.
Chairman
Pizer questioned if the applicant believes he cannot make an acceptable
profit based upon the current hours of operation.
Responding
to Chairman Pizer’s inquiry, Mr. Houston stated that the additional two
hours of business, when Hermosa Beach is at its busiest, would create a more
acceptable profit margin than what the restaurant currently enjoys.
Chairman
Pizer questioned if the business is open for lunch.
Mr.
Houston stated that the restaurant is open for lunch 3 days a week: Fridays,
Saturdays and Sundays.
In
response to Commissioner Kersenboom’s inquiry regarding the later hours, Mr.
Houston explained that it is their intent to offer food at a later hour, an
alternative to fast food or pizza, for instance.
Brad
Adams, 5th Street resident, expressed his support of the applicant’s
request, stating that this is a good, quiet place to sit down and talk with
his friends while enjoying something to eat and drink.
Jim
Lissner, Hermosa Beach resident, expressed his belief that a lot of
restaurants have promised the same success, only to later become problem
businesses in the Plaza area; stated that there are successful restaurants
which do well with limited hours; and questioned whether this restaurant can
improve things on Pier Avenue. He noted his opposition to adding to the
concentration of alcohol licenses in this area and noted his opposition to
this request.
Amber
Coddle, executive chef at Mediterraneo and Hermosa Beach resident, stated
that this restaurant serves great food; that the restaurant strives to
maintain a quiet and relaxed atmosphere; and echoed the owner’s comments
that they do not intend for this business to become a bar or club.
Mr. Lundy
pointed out that this establishment already has an alcohol license, that
they are only seeking the extended hours to serve food and the alcohol to go
along with the food late in the evening; and advised that this establishment
has continually conformed to all imposed conditions.
Shirley
Castle, Hermosa Beach resident, expressed her opposition to this request;
commented on the noise, litter and other nuisance problems in this area
because of the late hours; and suggested that all bars/clubs in the City be
closed two hours earlier.
There
being no further input, Chairman Pizer closed the public hearing.
Commissioner Kersenboom expressed his belief that this establishment has
proven it can abide by the conditions of approval and that it is not one of
the establishments causing problems in this area.
Commissioner Perrotti highlighted his vision of the Pier Plaza becoming a
restaurant row instead of what it has evolved into – more of a sports bar
row; and stated that there are problems in this area, but pointed out that
this establishment is not one that has caused any of the problems. He stated
that when he has been on the Plaza, he has noticed there are still people in
this restaurant eating later in the evening, that these people are not there
only to drink alcohol; and stated that action should be taken against those
establishments that have been cited for violations, not those that abide by
the rules imposed by the City. He stated that this establishment should not
be punished for the actions of those violating establishments; that this
business should be given equal opportunity as those like businesses in this
area; and suggested possibly limiting the hour to 1:00 A.M.
Vice-Chairman Hoffman stated that while there have been no problems with
this establishment, he is concerned that extending the hours would change
their clientele, whether they want it or not, because the people wandering
around the Pier Plaza area at 1:00 A.M. or 1:30 A.M. aren’t necessarily
looking for a fine dining experience, but perhaps are looking to change
their drinking venue; and that this may not be something the owner,
regardless of his intentions, can necessarily control. He noted his concern
that if this establishment should close down, the alcohol permit would run
with the property, not the establishment, thereby allowing another
establishment to occupy this space with a full liquor license and a 2:00
A.M. closing time. He suggested that the owner consider amending the lunch
hour; and he mentioned that financial issues are not supposed to influence
the Commission’s decision.
Commissioner Allen recognized that the owner of the Mediterraneo has been an
excellent citizen for Hermosa Beach and he thanked him for his past
involvement with this City. He echoed Vice-Chairman Hoffman’s concerns with
the potential for transference of the liquor license and late closure; and
stated he would consider going with a 1:00 A.M. hour instead of 2:00 A.M.
Highlighting the concern with the potential for transference of the liquor
license and closing hour, Commissioner Kersenboom suggested placing a
condition upon the CUP, requiring that the establishment be reviewed every
year or two; and stated that if there are violations, this would give the
City leverage in pulling the CUP. He suggested that this be done with all
liquor license businesses.
Chairman
Pizer expressed his belief that this business has escaped problems because
it has an earlier closing hour; stated that successful upscale restaurants
do not need late hours to be profitable; and echoed the concerns with the
potential for transference of a liquor license if this establishment fails.
He added that it has been Council’s policy to be more restrictive.
MOTION
by Vice-Chairman Hoffman, seconded by Commissioner Allen, to DENY CUP 05-8
-- Conditional Use Permit amendment for a restaurant with on-sale alcohol to
change the closing time from 12:00 midnight to 2:00 A.M. daily at 73 Pier
Avenue, Mediterraneo. The motion carried as follows:
|
AYES: |
Allen,
Hoffman, Pizer |
|
NOES:
|
Kersenboom, Perrotti |
|
ABSTAIN: |
None
|
|
ABSENT: |
None
|
|