Honorable Chairman and Members of the Hermosa Beach Planning Commission
Regular Meeting of June 18, 2019
Title
C-36 -- Receive Tri-Annual Report for On-Sale Alcoholic Beverage Conditional Use Permits
Recommended Action:
Recommendation
Receive and file the report, noting that no establishments are recommended for further review.
This tri-annual review covers the period from November 1, 2018 to April 30, 2019. Based on the information in the report, no establishment has reached the “Standard Initiating Planning Commission Review.”
Body
Background:
Since 2017 the tri-annual reviews of on-sale alcoholic beverage establishments includes the two-step process of providing an informational report before scheduling a hearing. The Process and Standards, updated in 2017, is Attachment 1.
Changes to the process and reporting for this review recommended by the Planning Commission, were approved by the City Council at their March 19 meeting, and include reporting and conducting the review three times a year with a review of previous six months. This is the second report in 2019 and covers the prior six months. The next report will be presented in October and will cover the period between March and August. The establishments required to prepare food to alcohol ratio reports for the second half of 2018 are included in this report.
Analysis:
Police Reports and ABC Activity:
The Police Report and ABC Activity are included as Attachment 2, with their current data sheet as Attachment 3 and officer security checks as Attachment 4. The report indicates that one establishment was determined to be in violation of their CUP, this case is still pending and details are not included.
Occupant Load:
The threshold to trigger review is one (1). Code Enforcement routinely checks on-sale establishments and did not report occupant load violations during the review period.
The presence of Code Enforcement and HBPD efforts has resulted in few warnings being issued. Warnings typically are issued when a place of business appears to or has been counted and confirmed to be close to its posted occupant load.
Code Enforcement and Fire Prevention:
We are working with the Los Angeles County Fire Department and include their business license inspection report for the first quarter of 2019 as Attachment 5. It indicates approximately 146 businesses were inspected, of which 8 were late night establishments. No violations were reported. (Note: the quarterly report format is standard for LA County Fire.)
Statistical Data Relating to Business Checks of Alcohol Serving Establishments November 1, 2018 to April 30, 2019 is contained in Attachment 6, with the last reporting period report as Attachment 7.
Code Enforcement/Violation of CUP Conditions:
Violations that are both a code violation and a CUP violation are only counted once. Code Enforcement issued two citations during this reporting period. Although many other businesses received warnings, policy is to request compliance prior to issuing a Citation during a single shift.
On April 12, 2019, Abigaile & Ocean Bar received an Administrative Citation for the CUP violation of excessively loud music, audible to the surrounding residential neighborhood.
On April 28 2019, Patrick Molloy’s received an Administrative Citation for the CUP violation of changes to the interior layout by adding an elevated stage altering the primary function of business.
Businesses required to submit food-to-alcohol sales ratio reports per conditions in their CUPs must continue to do so; failure to do so is counted as part of the CUP review. As these are required every six months, their status will be reported in the October report.
Based on the “Procedure for Review of On-Sale Alcoholic Beverage Conditional Use Permit” no businesses have reached the “Standard Initiating P.C. Review” based on the “standards that would trigger a referral to the Planning Commission for a CUP review and potentially for a subsequent modification/revocation hearing.”
General Plan Consistency:
Evaluation of the City’s enforcement and police responses to achieve safety goals is consistent with Goal 5 of the Public Safety Element: High Quality police and fire protection services provided to residents and visitors and the following policies under Goal 5:
• Public Safety 5.1 Crime deterrence. Regularly evaluate the incidence of crime and identify and implement measures to deter crime.
• Public Safety 5.2 High level of response. Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community.
• Public Safety 5.3 Use of technology. Provide and use smart surveillance technology and communication systems to improve crime prevention and inform the community regarding actions to take in case of emergency.
• Public Safety 5.4 Physical design standards. Reduce opportunities for criminal activity through physical design standards and Crime Prevention through Environmental Design principles.
• Public Safety 5.8 Nuisance abatement. Encourage Police Department review of uses which may be characterized historically by high levels of nuisance (noise, nighttime patronage, and/or rates of criminal activity) providing for conditions of control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses.
Additionally, Goal 2 of the Governance Element speaks to the importance of having the community, including business partners, be active and engaged in the decision-making process. Staff has found that collaboration with the Pier Plaza establishments to address safety concerns and improve access, lighting, and other aesthetics on the Plaza to be an effective partnership.
Summary: The data relating to the review criteria is summarized below:
Process Criteria Statistics for All Businesses (November 1, 2018 - April 30, 2019)
|
Criteria |
Summary of All Businesses |
|
Violation of Operating Hours |
0 |
|
ABC Violations (underage serving, violation of hours, etc. |
0 |
|
Overcrowding Citation |
0 |
|
Serious Crime on Premises indicative of Lack of Adequate Security |
1* |
|
Criminal Citation of Staff while Working/on Premises |
0 |
|
Noise Citation |
1 |
|
Outdoor Encroachment Permit Violation |
0 |
|
Building Code Violation (incl. remodeling without permit) |
0 |
|
Health Department Violation |
0 |
|
Sign Ordinance Violation |
0 |
|
NPDES Violation |
0 |
|
Violation of any CUP Condition** |
2** |
*There were five assault reports; however only one was determined to be a result of Lack of Adequate Security, and the case is pending.
**Most Code violations are also CUP violations and are not counted twice
Attachments:
1. Process and Standards, updated 2019.
2. Police/ABC Report for this period
3. Police Statistics for this period
4. Police Officer Checks for this period
5. LACoFD Business License inspection report
6. Code Enforcement Data November 2018 - April 2019
7. Code Enforcement Data July - December, 2018
Respectfully Submitted by: Bob Rollins, Building and Code Enforcement Official
Approved: Ken Robertson, Community Development Director