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Conditional Use Permit

Hibachi Restaurant, 117 Pier Avenue

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MINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
FEBRUARY 15, 2005, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS

 

6.     CUP 05-2 -- Conditional Use Permit amendment to change from on-sale beer and wine to on-sale general alcohol in conjunction with an existing restaurant at 117 Pier Avenue, Hibachi Restaurant.(PDF File).

http://www.hermosabch.org/departments/building/agenmin/pc20050215/10.pdf

 

Staff Recommended Action: To direct staff as deemed appropriate.

Director Blumenfeld stated that this is a request to modify an existing CUP; advised that the project was originally approved with a parking plan in 1997 for The Mix, which contained a combination of retail and restaurant uses; subsequently, that the business was sold to a new business operator, Seafood Grotto, which amended the CUP to reconfigure the dining areas and to locate a portion of the retail at the rear of the restaurant and a portion at the front of the restaurant; and pointed out that the issue of the amount of retail is important because it has a bearing on the parking requirement. He advised that the original project provided in-lieu parking fees to compensate for their required parking; and stated that if the retail portion of the project is eliminated, the owner would be compelled to park that portion of the project. He advised that the current restaurant owner is Hibachi, which has been in business since December 2002; stated that the owner is not proposing to change the emphasis of the restaurant with the proposed CUP amendment for full alcohol, nor is there a proposal to intensify the use or provide a bar; noted that they are simply trying to accommodate their business, make it more competitive with the surrounding businesses; and stated that they’re proposing to have signature tropical mixed drinks. He advised that the resolution contains conditions that are similar to other conditions for full alcohol in the area; and stated that the business is willing to operate with reduced business hours, from 7:00 A.M. to 11:00 P.M. He noted that there are 42 businesses with on-sale alcohol permits, 22 with full alcohol and 20 with beer and wine; advised that if this project is approved, it would change to 23 with full alcohol and 19 with beer and wine; and mentioned that this will be the first permit for a full alcohol permit which extends past Hermosa Avenue. He stated that the draft resolution includes a six-month review of this business.

Chairman Perrotti opened the public hearing.

Bob Elling, co-owner of Hibachi Restaurant, stated that this will help the business to compete in a very competitive area; and expressed his belief that serving these tropical mixed drinks is consistent with their restaurant concept, a Japanese/Hawaiian fusion, and that these tropical drinks will compliment the menu. He stated that his customers routinely request these drinks; and he distributed copies of his customers’ petitions in support of this request. He stated that he only plans to operate a restaurant, not a bar; and that they do not intend to make any structural changes. He stated that this business is very responsible and he asked for the Commission’s approval.

Chairman Perrotti explained that this building was given a break with parking because part of it was going to be retail, and he stated that the merchandise area should be expanded a bit more.

Mr. Elling stated that they do plan on expanding their line of merchandise.

Mr. Elling noted for Commissioner Koenig that they will not be serving hard drinks, that there will only be a limited number of tropical mixed drinks.

Christen Campisi, 802 Monterey Boulevard, expressed his support of this request and stated that this is a fine establishment; and he urged the Commission to approve the request.

Susan Gillette, resident, expressed her support of the applicant’s request and stated that she enjoys dining at the Hibachi.

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

Vice-Chairman Pizer pointed out that this is a small restaurant with limited hours.

Commissioner Hoffman stated that the key issue is the hours of operation; and he briefly commented on the possible passing along of the CUP onto the next operator who may have a very different intent. He stated that he is reluctant to approve this request.

Commissioners Koenig and Allen echoed Commissioner Hoffman’s concern with the future of the CUP for this property.

Chairman Perrotti stated that the CUP has been adequately modified to address any of his concerns of a future owner turning this property into a future sports bar or regular bar; and pointed out that a future operator would have to come before this body to modify the CUP if they plan to change the floor plan and the hours of operation.

Vice-Chairman Pizer pointed out that the number of liquor licenses does not change, it’s only changing their type of license; and stated that it would be difficult for a nighttime bar to succeed if it is forced to close its doors at 11:00 P.M.

MOTION by Vice-Chairman Pizer, seconded by Chairman Perrotti, to APPROVE CUP 05-2 -- Conditional Use Permit amendment to change from on-sale beer and wine to on-sale general alcohol in conjunction with an existing restaurant at 117 Pier Avenue, Hibachi Restaurant.

Commissioner Koenig requested that the motion be amended to limit the size of the bar area.

Vice-Chairman Pizer, with Chairman Perrotti’s concurrence, amended the motion to limit the bar area to the area as indicated on the floor plan.

The motion carried as follows:

AYES:

Allen, Koenig, Perrotti, Pizer

NOES:

Hoffman

ABSTAIN:

None

ABSENT:

None

 

 


 

 

SUBJECT:

 

CONDITIONAL USE PERMIT AMENDMENT 05-2 –

TO ALLOW A CHANGE FROM ON-SALE BEER AND WINE TO

ON-SALE GENERAL ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT

 

Hibachi Restaurant

LOCATION: 117 PIER AVENUE

 

 

 

 

 

 

 

SUBJECT:

 

CONDITIONAL USE PERMIT AMENDMENT 05-2 –

TO ALLOW A CHANGE FROM ON-SALE BEER AND WINE TO

ON-SALE GENERAL ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT

 

Hibachi Restaurant

LOCATION: 117 PIER AVENUE


117 Pier Avenue View of merchandise display cases in front retail area

View of front retail area with tee shirt wall display View of wall display in rear merchandise area

 


 

February 1, 2005

 

Honorable Chairman and Members of the                                                      Regular Meeting of

Hermosa Beach Planning Commission                                                           February 15, 2005

 

SUBJECT:  

CONDITIONAL USE PERMIT AMENDMENT 05-2 –

TO ALLOW A CHANGE FROM ON-SALE BEER AND WINE TO

ON-SALE GENERAL ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT

 

LOCATION: 117 PIER AVENUE

APPLICANT: ROBERT ELLING AND KATE MARJANIEMI (HIBACHI)

117 PIER AVENUE

HERMOSA BEACH, CA 90254

 

Recommendation

 

To direct staff as deemed appropriate.

 

Background

 

PROJECT INFORMATION:

ZONING: C-2, Restricted Commercial

 

GENERAL PLAN: General Commercial

LOT SIZE: 7,301 Square Feet

TOTAL AREA OF ESTABLISHMENT: 2,000 Square Feet

FRONT RESTAURANT/SEATING/RETAIL AREA: 940 Square Feet

 

PARKING: None

 

ENVIRONMENTAL DETERMINATION: Categorically Exempt

 

The Planning Commission approved a Parking Plan in March of 1997 for a restaurant in combination with a retail use (The Mix), which included the City payment of in-lieu fees to allow for the restaurant use of the front portion of the building. At their meeting of September 15, 1998, the Commission granted a Conditional Use Permit to allow on-sale beer and wine in conjunction with the restaurant (Seafood Grotto).

 

At the meeting of December 3, 1998, the Commission directed staff to work with the Seafood Grotto owner to allow the reconfiguration of the dining area to relocate 120 square feet of seating area to the rear of the restaurant as long as 250 square feet of retail area was maintained in the restaurant, consistent with the previously approved Parking Plan.

 

The condition of the required mix of retail and restaurant uses pursuant to the Parking Plan that governs the use of this building is unusual and difficult to monitor and enforce. Any removal of the existing retail sales area to expand the restaurant usage requires an amendment to the existing Parking Plan and may require additional in-lieu parking fees.

 

The current restaurant use (Hibachi) has been in business since December 23, 2002. The owner is not changing the emphasis of the restaurant, but desires to include general alcohol service to increase sales and compete effectively with other downtown restaurants with on-sale general alcohol. The project involves no additional seating or intensification of use.

 

Analysis

 

The applicant is requesting permission for on-sale general alcohol in conjunction with an existing restaurant. Pursuant to Chapter 17.26 of the Hermosa Beach Zoning Ordinance, a Conditional Use Permit is required to serve alcohol in conjunction with a restaurant use. Because the applicant only intends to serve “signature tropical drinks” such as Mai Tai’s and Navy Grogs, the applicant is not proposing to add a bar area as part of the CUP amendment and will not be significantly altering the existing beverage service area (part of the existing retail sales area).

 

The applicant’s plan shows comparable areas for retail and restaurant use as per previously approved plans. The retail sales and merchandise display/storage areas are in two different locations within the restaurant, one in the front of the restaurant combined with the beverage area and one in the rear of the restaurant, both of which are similar to those shown on the plans approved by the Planning Commission at the meeting of December 3, 1998.

 

The merchandise the applicant currently sells includes tee shirts and baseball caps. The restaurant’s retail sales also includes take-out orders. Based on financial viability, the applicant intends to sell souvenir glasses and/or tiki mugs in conjunction with the new “signature tropical drink” menu. The applicant is not changing the existing floor plan or seating plan, and no new tenant improvements are proposed for the restaurant.

 

The attached resolution of approval is similar to the previous CUP resolution approving on-sale beer and wine in conjunction with a restaurant, and contains the currently applicable standard conditions for on-sale restaurants, except that staff is recommending a more restrictive condition regarding hours of operation to limit the business hours from 7:00 A.M. to 11:00 P.M to ensure the use of the building as a restaurant. This is consistent with the applicant’s intent to be open no later than 11:00 P.M.

 

In 2000, staff prepared a survey of downtown on-sale alcohol establishments and found that there are 42 businesses offering on-sale alcohol in the downtown area. The business is listed in this survey as an on-sale beer and wine establishment and the proposed change to full alcohol increases the number of on-sale general alcohol businesses in comparison to the number of on-sale beer and wine businesses (from 22 full alcohol and 20 beer and wine to 23 full alcohol and 19 beer and wine).

 

Also, approval of the change will result in the first restaurant on Pier Avenue between Hermosa Avenue and Valley Drive with approval for general alcohol sales.

 

Staff believes the earlier closing hours and the plans showing no bar seating distinguishes this business from the other restaurant/bars on Hermosa Avenue and lower Pier Avenue that are open until 2:00 A.M.

 

 

 

Scott Lunceford

 

CONCUR: Associate Planner

 

 

Sol Blumenfeld, Director

Community Development Department

 

 

Attachments

1. Draft Resolution

2. Applicant Correspondence

3. Location Map

4. Photos


 


 

 

 

P.C. RESOLUTION 05-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ON-SALE GENERAL ALCOHOL IN CONJUNCTION WITH A RESTAURANT AT 117 PIER AVENUE LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 34, 1ST ADDITION TO HERMOSA BEACH

 

 

Section 1. An application was filed by Hibachi, seeking approval for on-sale general alcohol in conjunction with a restaurant.

 

 

Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for the Conditional Use Permit on February 15, 2005, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission.

 

Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings:

 

 

1. The combination of a restaurant use with a retail use as a portion of the premises was previously approved through a Parking Plan by the Planning Commission (P.C. Resolution 97-27), which included the City payment of in-lieu fees to allow for the restaurant use of the front portion of the building.

 

2. A Conditional Use Permit for on-sale beer and wine in conjunction with a restaurant was previously approved by the Planning Commission (P.C. Resolution 98-54).

 

3. The site is zoned C-2, restricted Commercial allowing restaurant uses, and on-sale general alcohol with approval of a Conditional Use Permit.

 

Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application to amend the Conditional Use Permit and Parking Plan:

 

1. The site is zoned C-2, and is suitable for the proposed use with the proposed amendment;

 

2. The proposed use is compatible with surrounding commercial and residential uses;

 

 

3. The imposition of conditions as required by this resolution will mitigate any negative impacts on nearby residential or commercial properties;

 

                        4. This project is Categorically Exempt pursuant to Section 15303c of the California Environmental Quality Act.

                         

 

Section 5. Based on the foregoing, the Planning Commission hereby approves the Conditional Use Permit subject to the following

 

Conditions of Approval:

 


 

1.         The project shall be substantially consistent with submitted plans as reviewed by the Planning Commission on February 15, 2005. Minor modifications to the plan that do not alter the function of the business shall be reviewed and may be approved by the Community Development Director.

 

2.         The hours of operation shall be limited to between 7:00 A.M. and 11:00 P.M.

 

3.         Dining is limited to the areas shown on the submitted plans.

 

4.         The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby.

 

5.         The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business.

 

6.         Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments.

 

7.         The Police Chief may determine that a continuing police problem exists, and may authorize the presence of a police approved doorman and/or security personnel to eliminate the problem, and then shall submit a report to the Planning Commission, which will automatically initiate a review of this Conditional Use Permit by the Planning Commission.

 

8.         The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times.

 

9.         The applicant shall submit a detailed seating and occupancy plan prepared by a licensed design professional, which shall be approved by the Community Development Department prior to final occupancy of restaurant, and posting of the occupant load.

 

10.       Any significant changes to the interior layout which would alter the primary function of the business as a restaurant, or increase the designated floor area of restaurant seating shall be subject to review and approval by the Planning Commission.

 

11.       The project and operation of the business shall comply with all applicable requirements of the Municipal Code.

 

12.       The Planning Commission shall conduct a review of the restaurant operations for compliance with the terms of the Conditional Use Permit in 6 months, and in response to any complaints thereafter.

 

 

Section 6. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed a the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant.

 

The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department.

 

Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.

 

Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of the State Government Code.

 

The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City.

 

The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition.

 

The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions.

 

The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use.

 

VOTE:

 

AYES:

NOES:

ABSENT:

ABSTAIN:

 


 

 

CERTIFICATION

 

I hereby certify the foregoing Resolution P.C. 05- is a true and complete record of the action taken by the Planning Commission of the

 

City of Hermosa Beach, California, at their regular meeting of February 15, 2005.

 

 

Sam Perrotti, Chairman                                                                               Sol Blumenfeld, Secretary

 

February 15, 2005

 

CUPR117

 

 

Hibachi, 117 Pier Ave.  Formerly Seafood Grotto until 2002, The Mix in 1997

Granted Beer and Wine in 2003,

Upgraded to Full Liquor License in 2005,

Granted request to have a bar.

 

 

http://www.hermosabch.org/departments/building/agenmin/pca31897.html

 

12. PARK 97-2 -- Parking Plan to pay an in-lieu fee instead of providing required parking for a proposed restaurant at 117 Pier Avenue, The Mix.

Staff Recommended Action: To approve said request.

 

 

http://www.hermosabch.org/departments/building/agenmin/pcm9-98.html

 

 

MINUTES OF THE PLANNING COMMISSION METING OF THE CITY OF

HERMOSA BEACH HELD ON SEPTEMBER 15, 1998, AT 7:00 P.M.

 

CUP 98-7--CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT AT 117 PIER AVENUE.

 

Staff Recommended Action: To approve said request.

 

Director Blumenfeld stated the Planning Commissioner previously reviewed this project as the Mix and granted a Parking Plan in March 1997 for a restaurant combined with retail. The City accepted a payment of in-lieu fees to allow for the restaurant use for the front portion and to maintain a retail use at the rear portion of the building. The current applicant is Seafood Grotto and Fish Market which will also contain a restaurant and some retail in the form of a fish market, operated in conjunction with the restaurant. There's an area at the rear that is currently provided as storage and was formally shown as retail area. If restaurant was spread into that storage area, it would affect the amount of seating and could result in an increased intensification of that use with additional parking required. The applicant is requesting permission for on-sale beer and wine in conjunction with the new restaurant. There is also a take out area shown on the project plans. There is some seating at the counter areas. The applicant is proposing to operate from 11 am to 11 p.m. seven days a week.

 

 

http://www.hermosabch.org/departments/building/agenmin/pca12-98.html

 

9. PARK 98-3 -- Parking Plan amendment to expand the available floor area for dining without adding parking at 117 Pier Avenue, Seafood Grotto.

Staff Recommended Action: To direct staff as deemed appropriate.

 

 

 

 


 


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