HomeMy WebLinkAboutPC Resolution 24-07 - 1429 Hermosa Ave (H2O) Page 1 of 11 RES NO. 24-07
CITY OF HERMOSA BEACH
RESOLUTION NO. 24-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT (APE 22-05) TO EXPAND ALCOHOL SERVICE TO
INCLUDE BEER, WINE, AND DISTILLED SPIRITS SERVED TO REGISTERED
HOTEL GUESTS AND THEIR GUESTS ONLY, INCLUDING SERVING
ALCOHOL IN A FIRST-FLOOR LOUNGE FROM 7 A.M. - 10 P.M., AND ON
A THIRD-FLOOR DECK, FROM 9 A.M. - 9 P.M. AT AN EXISTING HOTEL
LOCATED AT 1429 HERMOSA AVENUE (H2O), AND DETERMINING THAT
THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, on October 20, 2015, the Planning Commission, adopted
Resolution 15-25, approving PDP 15-11; CUP 15-10, and Parking Plan 15-7 to allow
construction of a new hotel with mini bar alcohol service, and a valet program
with parking in tandem; and
WHEREAS, on July 16, 2019, the Planning Commission, adopted Resolution
19-10, extending the term of expiration for the building permits for the project, until
September 2, 2020; and
WHEREAS, on April 20, 2011, the Planning Commission, adopted Resolutions
21-03 and 21-04, denying a CUP amendment (CUP 20-08) request to provide on-
sale service and consumption of beer, wine, and spirits indoors only, for registered
guests, seven-days a week between 7 a.m. – 10 p.m., and approving a Parking
Plan amendment (PARK 20-05) to allow the hotel to charge for onsite parking; and
WHEREAS, on July 13, 2011, City Council, held a public hearing to reconsider
the Planning Commission’s decision to deny CUP 20-08, and continued the item
to its May 25,2021 meeting; and
WHEREAS, on July 13, 2011, City Council, adopted Resolution 21-7292,
approving the applicant’s revised request to approve an amendment allowing
on-site service of beer and wine, indoors within the first-floor lounge area only,
limited to registered guests; and
Page 2 of 11 RES NO. 24-07
WHEREAS, an application was filed on December 15, 2022 by the applicant
Anand Chhabria, requesting Planning Commission approval of an amendment
to a Planning Entitlement (APE22-05) to expand alcohol service to include service
of beer, wine, and distilled spirits to registered guests and their guests, consistent
with the parameters of the existing Conditional Use Permit approval and
Department of Alcoholic Beverage Control License Type 70 held at an existing
hotel located at 1429 Hermosa Avenue (H2O); and
WHEREAS, the Planning Commission, at its public meeting of May 21, 2024,
considered all testimony and evidence, both oral and written, that was presented
to the Planning Commission; and
WHEREAS, the project is categorically exempt from the California
Environmental Quality Act defined in CEQA Section 15301 Class 1 Existing Facilities,
as the project involves a minor change to an existing use and would not result in
a direct, or a reasonably foreseeable indirect, physical change in the
environment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Based on the foregoing factual findings, the Planning
Commission determined, pursuant to Hermosa Beach Municipal Code (HBMC)
Sections 17.40.020, (General criteria for all uses) and 17.40.080, (On-sale alcohol
beverage establishment) that the use as conditioned will be compatible with the
surroundings and all impacts can be reduced to an insignificant level:
A. Distance from existing residential uses:
The project site is located on Hermosa Avenue in the C-2 zone. Multi-family
residences are located to the northwest, and west of the site as well as to
the east on the opposite side of Hermosa Avenue. The residences located
directly adjacent to the property are buffered from the site, as the entrance
to the property is located on the east side of the building, and the only
exterior service of alcohol is located on a third-floor deck which faces north
and east. The applicant is proposing a reduction of service hours within the
outdoor area.
Page 3 of 11 RES NO. 24-07
B. The amount of existing or proposed off-street parking facilities, and its
distance from the proposed use:
The property is subject to a Parking Plan per Planning Commission
Resolutions 15-25 and 21-03. The property offers 37 parking spaces and
proposes no change to the provision, or operation of, existing facilities.
C. Location of and distance to churches, schools, hospitals, and public
playgrounds:
The proposed change to the hotel will not affect neighboring schools,
churches, and community centers due to the distance and limited alcohol
operations of the establishment. Hermosa Valley School is located 0.7 miles
to the east, Christian Science Church is located 0.1 miles to the east, and
the Community Center is located 0.9 miles to the east. The distance
between the establishment and the these uses provides a buffer to
minimize impacts. Additionally, the hotel proposes restricted service of
alcohol to registered guests and their guests.
D. The combination of uses proposed:
The proposed use modification is consistent with the desired development
pattern and uses within the C-2 zone. The proposed modification will
provide more desirable accommodations for visitors in the Downtown
District, to bolster the City’s economic base, with minimal impact on
adjacent properties. Specifically, allowing alcohol on the third-floor deck,
in a manner which considers adjacent residential properties, will allow the
business to fully utilize its close proximity to the coast.
E. Precautions taken by the owner or operator of the proposed establishment
to assure compatibility of the use with surrounding uses:
The existing hotel is subject to conditions prescribed by Planning
Commission Resolution 15-25 and City Council Resolution 21-7292. The
applicant is proposing a reduction of hours on the third-floor deck from
between 7 a.m. and 10 p.m., to 9 a.m. and 9 p.m. Further, the applicant is
not proposing any changes to existing conditions limiting the number of
customers in the first-floor lounge, second-floor multi-function room, and the
third-floor deck, to 20 persons at any time.
F. The relationship of the proposed business-generated traffic volume and the
size of streets serving the area:
Page 4 of 11 RES NO. 24-07
The proposed modification would not affect existing streets or significantly
impact traffic volume, as the proposal involves no change in the hotel
capacity and intensity. The modification includes expanding existing
alcohol service to include beer, wine, and distilled spirits to registered guests
and their guests. The property previously received approval to allow
registered guests and their guests in the first-floor lounge area, second-floor
multi-purpose area, and the third-floor outdoor deck. The proposed
modification will not expand services to anyone beyond individuals already
allowed in the above spaces.
G. The proposed exterior signs and decor, and the compatibility thereof with
existing establishments in the area:
The project proposes no change to the exterior signs or décor. As such,
aesthetics would continue to remain compatible with existing
establishments in the area.
H. The number of similar establishments or uses within close proximity to the
proposed establishment:
There is one similar establishment nearby with an existing Type 70 license.
Hotel Name Address Alcoholic Beverage
Control License
Type
CUP Provisions
Beach House 1300 The
Strand Type 70
On-sale alcohol in
guest rooms (mini-
bars) and in meeting
rooms. Hours not
specified.
Sea Sprite
Hotel
1016 The
Strand Type 70 No CUP conditions
I. Noise, odor, dust and/or vibration that may be generated by the proposed
use:
The proposed modification would not generate a significant change in
noise, odor, dust and/or vibration, as the proposal involves no change in
the hotel capacity and intensity. Further, the applicant is proposing a
reduction in the hours of operation for the outside patio from between 7
a.m.- 10 p.m. to 9 a.m.- 9 p.m.
Page 5 of 11 RES NO. 24-07
J. Impact of the proposed use to the City’s infrastructure, and/or services:
The existing hotel use and capacity would be maintained, and the current
infrastructure is adequate. Since opening in 2020, the property has had no
complaints concerning utilities and services. The existing infrastructure will
be sufficient and there are no anticipated impacts.
K. Will the establishment contribute to a concentration of similar outlets in the
area:
The requested modification would not add to the concentration of similar
outlets in this area because the project does not propose public service.
Further, similar uses with alcohol are not common in the Downtown District.
L. Other considerations that, in the judgment of the planning commission, are
necessary to assure compatibility with the surrounding uses, and the city as
a whole:
No other issues are identified.
SECTION 2. Based on the evidence received at the public meeting, the Planning
Commission hereby further finds, determines, and declares that the project is
consistent with the City’s General Plan (PLAN Hermosa) because the Conditional
Use Permit Amendment is consistent with Land Use Policies 1.5, and 4.8 as shown
below.
Goal 1. Create a sustainable urban form and land use patterns that support a
robust economy and high quality of life for residents.
Policies:
1.5 Balance resident and visitor needs. Ensure land uses and businesses
provide for the needs of residents as well as visitors.
Conformity:
The proposal put forth is consistent with policy 1.5, as the project promotes
quality coastal uses, with minimal impact to adjacent residential properties.
Specifically, the project proposes serving alcohol to registered guests and
their guests only, ensuring visitors can enjoy the full accommodations of a
hotel without generating a nuisance for adjacent residential properties.
Page 6 of 11 RES NO. 24-07
Goal 4. A variety of corridors throughout the city provide opportunities for
shopping, recreation, commerce, employment and circulation.
Policy:
· 4.8 Neighborhood buffer. Encourage all commercial property owners
bordering residential areas to mitigate impacts and use appropriate
landscaping and buffering of residential neighborhoods.
Conformity:
The project is consistent with policy 4.8. Specifically, the applicant proposes
reduced hours on the third-floor deck to minimize noise impacts to
adjacent properties. Further, the service of alcohol is limited to registered
guests and their guests, with no more than 20 persons present in either the
first-floor lounge or the third-floor deck at any time, excluding staff.
Section 3. Based on the foregoing, the Planning Commission hereby approves the
subject Conditional Use Permit Amendment Case No. APE22-05 subject to the
following Conditions of Approval:
1. The project shall be substantially consistent with the application submitted
and approved by the Planning Commission on May 21, 2024.
2. The provision of alcoholic beverages shall comply with the following:
a. Management shall successfully complete ABC Licensee Education
on Alcohol and Drugs (LEAD) training and Responsible Beverage
Servers Training, or equivalent as determined by Police Chief. All
employees engaged in the sale or service of alcoholic beverages
shall complete Responsible Beverage Service Training, or equivalent
as determined by the Police. The business shall maintain records that
management and employees have participated in the required
trainings. Records shall be maintained for two years after training.
b. Exterior signage or any other form of outside promoting or advertising
referencing any food and/or beverage products sold is prohibited.
c. The hotel shall only provide alcoholic beverage services to registered
guests and their guests.
d. All alcoholic beverages shall be served in non-disposable drink
ware.
e. Service of alcohol is limited to the first-floor lounge and the third-floor
deck.
Page 7 of 11 RES NO. 24-07
f. The business with on-sale alcoholic beverage service may be
subject to a periodic review process established by the City to verify
conformance with the conditions of approval.
g. The following signs shall be posted in a conspicuous location in a
readily visible manner, warning patrons of the illegality of selling
alcoholic beverages to persons under twenty-one years of age,
loitering and drinking within the public realm, and removing
alcoholic beverages from the premises, and carrying:
i. “California State Law prohibits the sale of alcoholic beverages
to persons under twenty-one years of age.”
ii. “No Loitering or Public Drinking”
iii. “It is illegal to possess an open container of alcohol in the
vicinity of this establishment.”
iv. Signs shall be posted compliant with Hermosa Beach
Municipal Code (HBMC) Section 8.48.060 Alcoholic beverages
– Warning signs.
h. Any substantial deviation, changes to the floor plan, site plan or
building exterior, which alters or intensifies the alcoholic beverages
service shall be subject to review and approval by the Planning
Commission.
3. The first-floor lounge and the multi-function room on the second floor may
be utilized between 7 a.m. and 10 p.m., 7-days a week. The third-floor deck
may be utilized between 9 a.m. and 9 p.m., 7-days a week. Each of these
spaces may be occupied by not more than 20 people at any one time,
(excluding staff) unless further restricted by code. These three spaces may
be used for activities limited to registered guests and their guests.
4. Live entertainment (including but not limited to amplified music, disc
jockeys, live music whether acoustic or amplified, and live performances
of all kinds), is prohibited.
a. Speakers, televisions, or any device that may generate noise
inconsistent with the nature of this approval are explicitly prohibited
on the third-floor deck.
5. The business shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby. The business shall comply in all other
Page 8 of 11 RES NO. 24-07
aspects with HBMC Section 8.24 (Noise Control) and noise from the
premises shall not constitute a public nuisance.
6. The exterior of the business shall be maintained in a neat and clean manner
and maintained free of graffiti at all times. The removal of all graffiti from the
walls, fences, pavement, or buildings within twenty-four (24) hours of
discovery of its appearance on the property is required.
7. The establishment shall install and maintain a video surveillance system in
the dining and alcohol service area, and all other common areas of the
hotel where alcohol may be consumed. The video surveillance system shall
have a retention period of at least thirty (30) days. The establishment agrees
to cooperate with the City’s Code Enforcement and Police Department to
provide copies of video surveillance for criminal or administrative
investigations.
8. The business shall maintain in conformance with all other applicable City of
Hermosa Beach and regulatory agency requirements and standards,
including but not limited to: California Department of Alcoholic Beverage
Control, Los Angeles County Health Department, California Disabled
Access Standards (Government Code Title 24), and Los Angeles County
National Pollutant Discharge Elimination System Permit (NPDES).
9. The business shall be maintained and operated in full compliance with the
conditions of this CUP and any law, statute, ordinance, or other regulation
hereafter adopted that is applicable to any development or activity on the
subject property.
10. The business shall install and maintain a video surveillance system that
monitors within the interior of the business and the immediate area. The
video surveillance system must be capable of delineating on playback the
activity and physical features of persons and areas within the premises and
immediate area. Recordings shall be retained for a minimum of sixty (60)
days and video will be available to Police Department upon request. All
video security cameras shall be installed to the satisfaction of the Chief of
Police. At the discretion of the Police Chief, Licensee may be required to
add additional video cameras.
Page 9 of 11 RES NO. 24-07
11. The Police Chief may determine that a continuing police problem exists and
may, subject to appeal to the Planning Commission, direct the presence of
a police approved doorman and/or security personnel to eliminate the
problem. An appeal to the Planning Commission shall be heard within sixty
(60) days of filing the appeal. The Police Chief shall then submit a report to
the Planning Commission, which will automatically initiate a review of the
conditional use permit.
12. In addition to any other remedy provided by law, if the business operating
pursuant to this CUP violates any condition of this CUP, the Police Chief or
designee may meet and confer with the business to clarify the reason for
the violation and to formulate a course of action to mitigate the risk for any
future violation. If the business operating pursuant to this CUP continues to
violate this CUP (ie., either a repeat violation or another violation) within any
six (6) month period following a meet and confer with the Police Chief, then,
at the sole discretion of the Police Chief, modified or additional operational
requirements may be imposed by the Police Chief to temporarily curtail the
violations until the matter is brought before the Planning Commission. These
modifications include, but are not limited to, a reduction in operating hours,
required number of staff members during operational hours, additional
training for existing staff, and/or any other measures deemed appropriate
by the Police Chief. The Planning Commission shall consider any
modification or additional operational requirement(s) imposed by the
Police Chief during its discussion of the matter. The Police Chief’s
determination will remain in effect until considered by the Planning
Commission.
13. Approval of this permit shall expire twenty-four (24) months from the date
of approval by the Planning Commission unless the use authorized herby
has commenced. One or more extensions of time may be requested. No
extension shall be considered unless requested, in writing to the Community
Development Director including the reason therefore, at least sixty (60)
days prior to the expiration date. No additional notice of expiration will be
provided.
14. This resolution incorporates where applicable and supersedes City Council
Resolution 21-7292 which shall be of no further force or effect.
Page 10 of 11 RES NO. 24-07
15. The subject site shall remain consistent with applicable Parking Plan and
Precise Development Plan provisions, as described by Planning
Commission Resolution 15-25 and 21-03.
PASSED, APPROVED, and ADOPTED on the 21st of May, 2024.
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
Page 11 of 11 RES NO. 24-07
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 24-07 is a true and complete record
of the action taken by the Planning Commission of the City of Hermosa Beach,
California, at its regular meeting of May 21, 2024.
____________________ ___________________
Peter Hoffman, Chair Carrie Tai, Secretary
____________________
Date
Peter Hoffman (Jun 5, 2024 11:14 CDT)
06/05/24
PC Resolution 24-07_1429 Hermosa Ave
(H2O)_Pending Signature
Final Audit Report 2024-06-05
Created:2024-06-03
By:Johnathon Masi (jmasi@hermosabeach.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA4UTuKQOeRax1tcakkWyj_I0f9rcR2UPt
"PC Resolution 24-07_1429 Hermosa Ave (H2O)_Pending Signa
ture" History
Document created by Johnathon Masi (jmasi@hermosabeach.gov)
2024-06-03 - 6:08:30 PM GMT
Document emailed to phoffman@hermosabeach.gov for signature
2024-06-03 - 6:08:35 PM GMT
Email viewed by phoffman@hermosabeach.gov
2024-06-05 - 4:09:31 PM GMT
Signer phoffman@hermosabeach.gov entered name at signing as Peter Hoffman
2024-06-05 - 4:14:51 PM GMT
Document e-signed by Peter Hoffman (phoffman@hermosabeach.gov)
Signature Date: 2024-06-05 - 4:14:53 PM GMT - Time Source: server
Document emailed to Carrie Tai (ctai@hermosabeach.gov) for signature
2024-06-05 - 4:14:55 PM GMT
Email viewed by Carrie Tai (ctai@hermosabeach.gov)
2024-06-05 - 5:08:19 PM GMT
Document e-signed by Carrie Tai (ctai@hermosabeach.gov)
Signature Date: 2024-06-05 - 5:08:28 PM GMT - Time Source: server
Agreement completed.
2024-06-05 - 5:08:28 PM GMT