Blue 32 - T.J. Charlyz - Dano's CUP Approval Process

REQUEST TO RECONSIDER OBJECTION TO DANCING AT TJ CHARLYZ.

October 14, 2004

Honorable Mayor and Members of Regular Meeting of

the Hermosa Beach City Council October 26, 2004

REQUEST TO RECONSIDER OBJECTION TO

DANCING AT TJ CHARLYZ

Recommendation:

That the City Council consider the attached letter requesting reconsideration your action of May 25, 2004 which was to write a letter to ABC objecting to a change in the ABC license to allow dancing at TJ Charlyz.

Background:

TJ Charlyz has submitted a letter asking the City Council to reconsider its decision to file a letter of objection to the ABC license amendment to allow dancing at this business. Copies of the letter of objection, the May 25, 2004 staff report, minutes, and a memo from the Police Chief are attached for your information on the request.

The memo from the Police Chief basically states that the problems and concerns that came from this business have been greatly reduced since they have discontinued dancing. This seems to indicate that at least some of the problems that had been observed at the business were associated with dancing.

The Police Chief feels that it is likely that with the reintroduction of dancing that we will see the problems again. This is a concern because once the ABC license is granted it is very difficult to have the license changed to prohibit dancing. The concerns that the Police Department expressed in May have been addressed and the business is operating now without any particular problems.

Staff, appreciates the efforts made by the business owner, but feels that with the addition of dancing we will see a return of the problems and therefore recommends that the City Council not consider withdrawing the objection filed as the result of the City Council action on May 25, 2004.

Respectfully submitted,

Stephen R. Burrell

City Manager

a. City Manager Burrell presented the staff report and responded to Council questions. Police Chief Lavin and City Attorney Jenkins also responded to Council questions.

Rick Warren – attorney for the business owner, specializing in ABC (Dept. of Alcoholic Beverage Control) licensing issues, said there was dancing for the last seven years, and changes that were made to attract a different clientele had been a mistake and caused the problems, not dancing; said needed changes were discussed during meetings with the City Manager and the Police Chief; said the ban on dancing had decreased business significantly, employees had to be laid off; and sales tax, a benefit to the City, had dropped by two-thirds; said allowing dancing only until midnight would not work because they had live music until 1:30 a.m.; said the ABC would agree to a trial period of a few months to show improvement even with dancing being allowed;

Steve Dahdah – owner of TJ Charlyz, said he had been in business at this location for 22 years and, up until the last seven years, the name of the business was The Strawberry Patch; said the different format he tried had been a mistake and brought in a different crowd; said he was working with better security and a better staff and just wanted a chance to prove himself with a six-month probationary period;

Sean Barry – Hermosa Beach, said he would prefer no bars, but that regulations should be enforced equitably, and what applies to this business should apply to all similar businesses, including those on Pier Plaza, where there are frequently problems in the late evening;

Curtis Johnson – TJ Charlyz patron for about eight years, said banning dancing had a very negative impact on the business, said he had held several functions there but since dancing has not been allowed, people leave early; said the owner deserved a chance to re-establish his business;

Robin Lynch – Palos Verdes resident and TJ Charlyz patron for about eight years, said not only had the ban on dancing hurt T J. Charlyz but it had decreased her business of liquor distribution as well; said this business owner should have the same rights as others do;

Michael McDermott – TJ Charlyz patron for over 20 years, said the change in format was a mistake and that allowing dancing again might decrease the lines for people waiting to enter Pier Plaza businesses;

Jonathan Gleason – Redondo Beach resident and TJ Charlyz patron for about two years, said it was a shame dancing was no longer allowed; said there were no more problems at this establishment than at the ones on Pier Plaza;

Ron Newman – Owner of Sharkeez, said T J Charlyz had had some serious problems for a while but felt the business owner deserved a chance to show that things have improved; and

Action: To write a letter to the ABC recommending that dancing be allowed, if the ABC agrees, with a three-month and then a six-month review and, if problems continue, to recommend to the ABC that the permit for dancing be revoked.

Further Action: To agendize a discussion of enforcing the noise ordinance at Pier Plaza to the point of zero tolerance.

Conditional Use Permit amendment to allow outdoor seating in conjunction with an existing restaurant with on-sale alcohol at 1332 Hermosa Avenue, T. J. Charlyz.

To approve the request subject to the conditions contained in the attached resolution.

This project is Categorically Exempt pursuant to 15323, Class 23 of the California

Environmental Quality Act Guidelines, which allows for normal operations of existing

facilities for public gatherings for which the facilities were designed where there is a past

The original C.U.P. granted in 1983, permitted on-sale beer and wine in conjunction with a

restaurant. At the February 13, 1996 meeting, the City Council approved a C.U.P. amendment

to allow on-sale general alcohol and live entertainment in conjunction with the existing

The project, located in the downtown, is appropriate in the zone and consistent with the

General Plan. The applicant proposes to replace the existing storefront wall of the restaurant

with a 3 foot high wrought iron fence, and relocate the wall 13 feet back from the front

Due to changes in the building layout, staff recommends that a new seating plan be prepared

for occupant load purposes and that an acoustical study be prepared to include any required

mitigation measures to ensure that the project does not negatively impact the area.

Since the restaurant, as modified, continues to involve live entertainment, the attached resolution

includes all the standard conditions of the original approval relating to noise as well as outdoor

Staff is also including a condition for a six-month review in order to monitor the operation and

Section 1. An application was filed by Dustin Gregg seeking an amendment to a

Conditional Use Permit to allow outdoor seating in conjunction with an existing restaurant with onsale

Section 2. The Planning Commission conducted a duly noticed public hearing to consider

the application to amend the Conditional Use Permit on March 18, 2003, 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

1. The original C.U.P. granted in 1983, permitted on-sale beer and wine in conjunction

with a restaurant. At the February 13, 1996 meeting, the City Council approved a C.U.P.

amendment to allow on-sale general alcohol and live entertainment in conjunction with the

existing restaurant. The proposed amendment does not alter the existing and approved primary use

2. The site is located in the downtown district, which has several similar restaurants with

3. The site is zoned C-2 allowing the existing on-sale alcohol use with a Conditional Use

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:

1. The site is zoned C-2, and the continued operation of the restaurant with the proposed

2. The imposition of conditions as required by this resolution to address noise and

nuisance concerns will mitigate any negative impacts on, and will improve its compatibility with,

3. This project is Categorically Exempt pursuant to 15323, Class 23 of the California

Normal operations of existing facilities for public gatherings for which the facilities were designed,

where there is a past history of the facility being used for the same kind of purpose.

Section 5. Based on the foregoing, the Planning Commission hereby approves the

requested amendments to the Conditional Use Permit and Precise Development Plan, subject to the

Conditions of Approval, which supersede the conditions contained in C.C. Resolution

1. Interior and exterior building alterations and the continued use and operation of the

restaurant shall be substantially consistent with the plans submitted and reviewe d by the

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

dining, seating and any use of the outdoor patio area shall not be allowed later than 11:00

PM. No patrons shall be seated on the patios beginning an hour before these times.

3. The hours for live entertainment shall be limited to the hours between 4:00 PM to 1:15 AM

Monday through Friday, and from 9:00 AM to 1:15 AM on Saturdays and Sundays,

5. A code complying seating plan shall be submitted for review and approval prior to

6. An acoustical study shall be pre pared by an acoustical engineer, including proposed sound

dampening features to baffle and direct sound away from the entrance/exit and window

areas to ensure compliance with the noise ordinance. Said study and sound dampening

features shall be reviewed and approved by the Community Development Director prior to

A. The acoustical study shall be based on the worst-case scenario, or on a sound

B. Management shall be responsible for the music/entertainment volume levels.

D. The air conditioning system shall be of an adequate capacity to air condition the

7. The establishment shall not adversely effect the welfare of the residents, and/or commercial

8. The business shall provide adequate staffing, management and supervisory techniques to

prevent loitering, unruliness, and boisterous activities of the patrons outside the business

9. 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 Commission.

10. The exterior of all the premises shall be maintained in a neat and clean manner, and

11. Any changes to the interior or exterior layout which would alter the primary function of

the business as a restaurant shall be subject to review and approval by the Planning

12. The project and operation of the business shall comply with all applicable requirements of

13. No live entertainment shall be permitted in the outside seating area, and the volume level

of any amplified music in the outside seating area shall be controlled by management to

14. 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. Noise emanating from the property shall be

monitored to verify compliance with the noise ordinance in response to any complaints.

15. The Planning Commission shall review the operation of the restaurant and the parking

facility for compliance with conditions of approval and compliance with the Noise

Ordinance 6 months from the opening of the new outdoor seating area, and in response to

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

approved by the Community Development Director, and all sound proofing measures are implemented

and proof of recordation shall be submitted to the Community Development Department.

is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.

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

cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify,

be required to pay as a result of any claim or action brought against the City because of this grant.

participate at its own expense in the defense of the action, but such participation shall not relieve the

conditions of this grant and any law, statute, ordinance or other regulation applicable to any

subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects

Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the

decision of the Planning Commission, after a formal appeal to the City Council, must be made within

I hereby certify the foregoing Resolution P.C. 03- 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

Conditional Use Permit amendment to allow outdoor seating in conjunction with an existing restaurant with on-sale alcohol at 1332 Hermosa Avenue, T. J. Charlyz.

Director Blumenfeld advised that the original Conditional Use Permit for this project was granted in 1983, permitting on-sale beer and wine sales in conjunction with the restaurant; and that in 1996, the City Council approved an amendment to the Conditional Use Permit to allow on-sale general alcohol and live entertainment.

He explained that the project is located in the Downtown area and is appropriate in the zone and consistent with the General Plan; and stated that the applicant is proposing to replace the existing storefront wall of the restaurant with a 3-foot high wrought iron fence and to relocate the wall back 13 feet from the front property line to create an outdoor seating area.

He advised that staff recommends that a new seating plan be prepared for occupant load purposes and that an acoustical study be prepared to include any required mitigation measures that might be required to mitigate noise, particularly with respect to live entertainment; and he stated that staff is suggesting a 6-month review of the project in order to monitor the operations of the business.

Steve Dotta, owner of T.J. Charlyz, stated that he is available to answer any questions.

Commissioner Perrotti questioned whether the applicant concurs with the conditions in the proposed resolution, specifically with regard to the restriction that no outdoor/patio seating shall be permitted after 11:00 P.M. and that no patrons shall be seated on the patios beginning an hour before this time.

In response to Commissioner Perrotti's inquiry, Mr. Dotta stated that he concurs with that restriction.

Commissioner Tucker noted his concern that some type of vestibule entranceway would need to be constructed to keep patrons from cuing in the outdoor/patio area during the restricted hours.

Director Blumenfeld explained that the applicant could locate a new wall further to the south and then create a corridor along that area with an exit directly to the sidewalk, which could be the entrance to the restaurant, and to create a second entrance in that new wall area to the patio. Director Blumenfeld stated that the Conditional Use Permit should include the outdoor dining area restriction.

Commissioner Kersenboom suggested that the Conditional Use Permit include the need to modify the entryway in the patio area.

Commissioner Perrotti expressed his belief that restricting the outdoor dining area to everyone after 11:00 P.M. is too restrictive, noting that patrons should be permitted to smoke in this area after hours.

Commissioner Tucker highlighted the fact that the City Council had reversed the Planning Commission's decision to limit the patio hours to 11:00 P.M. at the Chop House, allowing the business to use this area until 2:00 A.M.

There was consensus among the Planning Commission that the City should be consistent in limiting the hours of operation for outdoor seating/dining for similar businesses in the City; and that this establishment should also be permitted to use its outdoor seating/dining area until 2:00 A.M. if that is the desire of the City Council.

Commissioner Tucker reiterated his suggestion that a vestibule should be installed at the front entry door to keep the sound from migrating.

Director Blumenfeld suggested that the Planning Commission allow the acoustical engineer to develop a design solution/requirement that will assist with cueing of patrons and sound attenuation.

Vice-Chairman Hoffman suggested a 6-month review period to determine if these changes with the wall and outside seating pose any problems; and that the railing be redesigned to create a cue along the south side of the building.

to APPROVE CUP 03-1 -- Conditional Use Permit amendment to allow outdoor seating in conjunction with an existing restaurant with on-sale alcohol at 1332 Hermosa Avenue, T. J. Charlyz; and to include a modification that the railing be redesigned to create a cue along the south side of the building.

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