HomeMy WebLinkAboutPC Resolution 25-08 - 844 Hermosa AvenueCITY Of HERMOSA BEACH
RESOLUTION NO. 25-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT REQUEST (APE24-003) TO EXPAND THE ON-SALE
ALCOHOLIC BEVERAGES ALLOWED FROM BEER AND WINE ONLY TO
BEER, WINE AND DISTILLED SPIRITS AT AN EXISTING RESTAURANT FOR AN
EXISTING RESTAURANT, AT 844 HERMOSA AVENUE.
WHEREAS, an application was filed on December 23, 2024 by the applicant
Dana Ireland and Authorized Agent Tony Cordi of L and B SouthBay LLC, for a
Conditional Use Permit Amendment located at 844 Hermosa Avenue, to modify
the existing on-sale beer and wine at an existing restaurant [Department of
Alcoholic Beverage Control (ABC) License Type 41] to on-sale general for the sale
of beer, wine and distilled spirits {ABC License Type 47) in conjunction with a
request to modify an existing Conditions of Approval related to bicycle parking;
and
WHEREAS, the project involves a 4,220-square-foot existing restaurant
located on Hermosa Avenue. The project site is designated as Community
Commercial {CC) in the General Plan, is zoned as General Commercial {C-2),
and is located within the Coastal Zone boundary; and
WHEREAS, in considering the granting of a Conditional Use Permit, general
criteria for all uses shall be made pursuant to Herm osa Beach Municipal Code
(HBMC) Section 17.56.040. The General Criteria are used to help inform the five
required findings which must be made pursuant to HBMC Section 17.56.050; and
WHEREAS, the Planning Commission, a t its public meeting of May 20, 2025,
considered all testimony and evidence regarding the application, both oral and
written, that was presented to the Planning Commission.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Based on the testimony and evidence received, the Planning
Commission hereby further finds, determines and declares the following
Pagel of 18 RES NO. 25 -08
pertainlng to the application for a Conditional Use Permit, pursuant to HBMC
Section l 7 .56.040:
General Criteria for all CUP uses
1. Distance from existing residential uses.
The project site is located on Hermosa A venue in the Community
Commercial Zone (C-2). The primary entrance is oriented towards Hermosa
Avenue. Multi-family residences are located to the east of the site, on the
opposite side of Palm Drive. The multi-family residences are approximately
l 00 feet from the east tenant space wall.
2. The amount of existing or proposed off-street parking facilities, and its
distance from proposed use.
The project site currently provides six (6} shared parking spaces at the rear
of the building. The parking spaces are shared and fully available to
employees and patrons and unassigned to any particular tenant.
3. Location of and distance to churches, schools, hospitals, and public
playgrounds:
The project site is located approximately 0.7 miles from the nearest school
(Hermosa Valley School), approximately 6.8 miles to the nearest hospital
{Kindred Hospital), approximately 0.4 miles from the nearest church (First
Church of Christ Scientist), and 0.4 miles from the nearest playground (South
Park}. The distance between the establishment and the various uses
provides sufficient buffer to minimize any potential negative impacts.
4. The combination of uses proposed:
The project site is located within the C-2 Zone, which aims to provide
opportunities for a pedestrian-oriented range of office, retail, and service
commercial uses in order to form resident and visitor serving downtown
districts. The project site is located within the Downtown District which is
composed of a variety of retail, restaurant, and personal service type uses.
The proposed modification to use aligns with the development pattern and
uses within the Downtown District. The change from Type 41 license (on-sale
beer and wine) to a Type-47 license (on-sale general) would provide
residents and visitors with additional beverage options to pair with their
meal.
Page 2 of 18 RES NO. 25-08
S. Precautions taken by the owner or operator of the proposed establishment
to assure compatibility of the surrounding uses:
The applicant is proposing to maintain the existing hours of operation from
7 am to 11 pm. Additionally, the applicant will be required to abide by the
conditions of approval incorporated into the Resolution (Attachment 1 ). The
expansion of on-sale alcohol is not anticipated to have a negative impact
on existing surrounding uses.
6. The relationship of the proposed business-generated traffic volume and the
size of streets serving the area:
The modification from of on-sale alcoholic beverages would not affect
existing streets or significantly impact traffic volume, as the proposal does
not invoice a change in the existing restaurant use or the square footage
of the building and outdoor dining areas.
7. The proposed exterior signs and decor, and the compatibility thereof with
existing establishments in the area:
There are not exterior signs or decor proposed as part of this project.
8. The number of similar establishments or uses within close proximity to the
proposed establishment:
There are a total of seven {7) similar establishments which serve alcohol. Of
these establishments three {3) have a Type 47 license, three (3) have a Type
41 license and four (4) are Late-Night establishments.
List if Nearby Alcohol Servina Restaurants and Establishments
Business Name Address Alcohol License CUP Hours of
Type Operation
1. Barnacles 837 Hermosa Type 47 7am-2am daily
Bar & Grill Avenue
2. Encanto 934 Hermosa Type 41 7am-l 1 pm daily
Avenue
3. Radici 934 Hermosa Type 47 8am-l 1 pm daily
Ristorante Avenue
4. Comedy 1018 Type 47 6am-2am daily
& Magic Hermosa
Club Avenue
Page 3 of 18 RES NO. 25-08
5. Guisados 1031 Type 41 7am-llpm
Hermosa Sunday-
Avenue Thursday
7am-12am
Friday-Saturday
6. Red and 1040 Type 41 11 am-11 pm
Louie's Hermosa Sunday-
Avenue Thursdays
l lam-12am
Frid av-Saturday
7. Formula 1048 Type 40 l0am-l0pm
Racing Hermosa daily
Partners Avenue 5am-10pm on
Formula 1 race
davs
9. Noise, odor, and/or vibration that may be generated by the proposed
establishment:
The modification from a Type 41 license (on-sale beer and wine} to a Type
47 license [on-sale general) would not significantly generate additional
noise. odor. dust and or vibration, as the proposal does not involve a
change in the existing restaurant use. The proposed COAs include
conditions mitigate potential noise. odor and/or vibration generated from
the establishment. COA number fourteen (14), seventeen (17). eighteen
(18} and twenty-four (24) mitigate potential noise and vibration, while COA
number twenty-six (26) and twenty-seven (27) mitigate potential odor.
Language for these COA are provided below:
• # 14 Live entertainment {including amplified music, disc jockeys, live
music whether acoustic or amplified, and live performances of all
kinds) (excluding acoustic, unamplified, nonpercussive background
music provided accessory to an established on-sate use during
normal business hours by a maximum of two (2) persons without
advertisement and without charge) and customer dancing is
prohibited. Limited live entertainment may be permitted through an
Administrative permit per Hermosa Beach Municipal Code.
Televisions and amplified music. including speakers, shall be
prohibited within the first ten { l 0) feet of the front building. A
maximum of ten ( l 0) televisions or similar displays shall be permitted
in the remainder of the restaurant. The applicant shall schedule an
Page 4 of 18 RES NO. 25-08
inspection with Planning within 21 days of the issuance of the CUP
amendment for the purpose of demonstrating compliance with the
limitation on the total number of televisions.
• # 17 Noise emanating from the property shall be within the
limitations prescribed by the City's Noise Ordinance {Hermosa
Beach Municipal Code Chapter 8.24) and shall not create a
nuisance to surrounding residential neighborhoods and/or
commercial establishments.
• # 18 Management shall be responsible for maintaining noise
volumes at reasonable levels.
• # 24 The building shall be equipped with acoustic features to
maximize soundproofing to the satisfaction of the Community
Development Director.
• # 26 Storage of trash bins or cans must be screened and remain in
the utility room as described on the approved floor plans except
during scheduled pick-up times. Odor elimination equipment shall
be installed for the trash bin area; venting untreated air from this
area shall be prohibited.
• # 27 Deliveries to the rear doors on Plam Drive are prohibited
between the hours of 10:00 P.M. and 8:00 A.M. daily.
1 O. Impact of the proposed use to the city's infrastructure, and/or services:
The existing restaurant use will continue, and the current infrastructure is not
anticipated to be impacted. The modification of the alcohol license has
the potential to impact public safety services. The high alcohol by volume
(ABV) content of the added beverages sold on site may increase the
demand for public safety services due to increased potential for patrons to
reach heightened levels of intoxication.
11. Will the establishment contribute to a concentration of similar outlets in the
area:
The existing restaurant is approved as an on-sale alcoholic beverage
serving establishment. The proposed amendment would not add to the
concentration of similar outlets in this area because a restaurant providing
the sale of alcoholic beverages is currently operating in this location.
12. Other consideration that, in judgment of the planning commission, ae
necessary to assure compatibility with the surrounding uses, and the city as
a whole.
No other issues are identified.
Page 5 of 18 RES NO. 25-08
SECTION 2 . Based on the testimony and evidence received, the Planning
Commission hereby further finds, determines and declares the following
pertaining to the application for a Conditional Use Permit, pursuant to HBMC
Section 17.56.050:
1. The proposed use is allowed withing the applicable zone and complies with
all other applicable provisions of this Tittle and all other titles of the Hermosa
Beach Municipal Code;
The proposed use to expand the on-sale alcoholic beverages is allowed
within the General Commercial {C-2) zone with approval of a Conditional
Use Permit. The use is compliant with the zoning ordinance and all other
titles in the municipal code.
2. The proposed use is consistent with the General Plan and any applicable
specific plan;
The project is located within the Community Commercial zone (C-2) w hich
aims to provide opportunities for a pedestrian-oriented range of office,
retail, and service commercial uses in order to form resident and visitor
serving downtown districts. The project is located within the Downtown
District which is composed of a variety of retail, restaurant, and personal
service type uses. The proposed modification to use aligns with the
development pattern and uses within the Downtown District.
The proposed project also aligns with General Plan Goal 4 and Policy 4.5
pertaining to corridor connectivity and providing opportunities to balance
local-serving retail needs and balance the needs of multiple transport
modes. The recommended revision to the condition of approval provides
infrastructure supporting the use of alternative modes of transportation.
Relevant General Plan Policies are listed below:
Page 6 of 18 RES NO. 25-08
General Plan Consistency
Land Use Element
Goal 1. Create a sustainable urban
form and land use patterns that
support a robust economy and high
quality of life for residents.
Findings
The proposal put forth is consistent
with policy 1 .3, and 1.5 as the project
promotes uses, with minimal impact to
adjacent residential properties and
continuance of compatibility to
surrounding uses. Specifically, the
project proposes expanding the
alcohol service at an existing
restaurant. There are no proposed
changes to hours of operation and
conditions of approval limiting the
1---------------------l hours of operation will be maintained
Policy 1.3 Access to daily activities, to minimize potential nuisance for the
strive to create sustainable adjacent residential properties and
development patterns such that the h. h i·t f l'f f ensure a 1g qua I y o I e or
majority of residents are within walking residents.
distance to a variety of neighborhood
goods and services, such as
supermarkets, restaurants, churches
cafes, dry cleaners, laundromats,
farmers market banks, personal
services, pharmacies and similar uses.
Policy 1.5 Balance resident and visitor
needs. Ensure land uses and business
provide for needs of residents as well
as visitors.
Policy 1.7 Compatibility of uses. Ensure The proposal put forth is consistent with
the placement of new uses does not policy 1.7, as the project aligns with the
create or exacerbate nuisances
between different types of uses.
goal of the Community Commercial
zone (C-2), which aims to provide
opportunities for a pedestrian-oriented
range of office, retail, and service
commercial uses in order to form
resident and visitor-serving downtown
districts. Additionally, the project is
located within the Downtown District
Page 7 of 18 RES NO. 25-08
General Plan Consistency
Land Use Element Findings
which is composed of a variety of
retail, restaurant, and personal service
type uses. The proposed modification
to use aligns with the development
pattern and uses within the Downtown
District. The change from on-sale beer
and wine (ABC Type 41) license to an
on-sale general {ABC Type-47 license)
would be consistent with similar
establishment in the vicinity as well as
provide residents and visitors with
additional beverage options to pair
with their meal.
Goal 4. A variety of corridors The proposal put forth is consistent
throughout the city provide with policy 4.5 as the project is
opportunities for shopping, recreation, satisfying with an existing COA of
commerce employment and providing a bicycle rack for a
circulation. minimum of six (6) bikes. Previously this
1---------------------l
Policy 4.5 Corridor connectivity. COA was not fulfilled, however the
Recognize corridors as important proposed location of a bicycle rack is
cross-town thoroughfares that located within the public right of way
connect Hermosa Beach, serve as along Hermosa Avenue. The
transitions between neighborhoods, incorporation of bicycle racks,
provide opportunities for local-serving provides opportunity for multi-modal
retail and balance the needs of transportation.
multiple transport modes.
3. The proposed use will not averse to the public health, safety, or general
welfare of the community, nor detrimental to surrounding properties or
improvements:
The proposed project and the modification of on-sale alcohol served would
be similar to other commercial uses in the vicinity and would not be averse
to the public health, safety, or general welfare of the community or
detrimental to surrounding properties or improvements. Additionally, the
Page 8 of 18 RES NO. 25-08
applicant will be required to abide by the conditions of approval
incorporated into the Resolution (Attachment 1 ), which are intended to
mitigate or prevent any potential adverse impacts to the community.
4. The design, location, size and operating characteristics of the proposed
activity are compatible with the exisHng and reasonably foreseeable future
land uses and circulation on the vicinity; and
The design, location, size and operating charactedstics of the restaurant
are compatible with the existing and reasonably foreseeable future land
uses and circulation in the vicinity. The proposed amendment will not be
physically altering the existing restaurant nor the hours of operation. The
modification of on-sale alcohol would be consistent with the sounding
establishment's operating characteristics.
5. The site is physically suitable for the type of use being proposed, including
access, utilities and the absence of physical constraints.
There is no change of use being proposed. The existing restaurant use
would remain. There would be no change in the physical structure of the
restaurant nor are there any pre-existing constraints of the use.
SECTION 3. Based on the foregoing, the Planning Commission hereby
approves the Conditional Use Permit Amendment Case No. APE25-003 to expand
the sale of alcoholic beverages to allow the sale of beer, wine and distilled spirits
as set forth in Planning Commission Resolution 25-08 subject to the following
Conditions of Approval:
l. The continued operation of the business shall be as a bona fide
restaurant: the kitchen shall be equipped to prepare food from its
component ingredient whenever the restaurant is open and it shall offer
a full-service lunch and/or dinner menu; food service from the menu
shall be available during all hours that the establishment is open for
business, provided that said food service may cease one hour prior to
close daily.
2. The restaurant with on-sale alcoholic beverage service may be subject
to periodic review process established by the City to verify conformance
with the conditions of approval. The Planning Commission may amend
the subject conditions or impose any new conditions if deemed
Page 9 of 18 RES NO. 25-08
necessary to mitigate detrimental effects on the neighborhood resulting
from the subject use.
3. Alcohol may be served for on-premise consumption only and in a
manner consistent with its license issued by State Department of
Alcoholic Beverage Control {ABC).
4. The business shall be maintained and operated in full compliance with
the conditions of this CUP and any law, statue, ordinance, or other
regulation hereafter adopted that is applicable to any development or
activity on the property. Failure of the permittee to cease any
development or activity not in full compliance shall be a violation of
these conditions.
5. Approval of this permit shall expire twenty-four (24) months from the
date of approval by the Coastal Commission, unless significant
construction or improvement of the use authorized hereby has
commenced. One or more extensions of time may be requested. No
extensions shall be considered unless requested, in writing to the
Community Development Director including the reason, therefore, at
least 60 days prior to the expiration date. No additional notice of
expiration will be provided.
6. The applicant shall apply for approval, waiver, or exception of a Coastal
Development permit for this Conditional Use Permit from the California
Coastal Commission before commencing the use.
7. This use shall be considered expired if the use for which this Conditional
Use Permit was· granted ceased or was suspended for at least 180
successive days.
8. Prior to submittal to Alcoholic Beverage Control (ABC) of any ABC
Zoning Affidavit, the applicant shall submit to the City a signed letter
address to the ABC stipulating to include the required City of Hermosa
Beach conditions in the ABC license.
9. The business shall not adversely affect the welfare of the residents,
and/or commercial establishments nearby.
Page 10 of 18 RES NO. 25-08
10. The project 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).
l l . The restaurant shall maintain sales reports showing the actual items sold
and price charged and invoices for all food, nonalcoholic beverages
and alcohol beverages sold for the prior twelve ( 12) Months. Should the
Planning Commission or City Council initiate a CUP modification or
revocation proceeding, the Commission or Council, may at its discretion
require the subject business to provide (a) a statement of percentage
of gross sales, computed monthly, that resulted from the sale of
prepared food for not longer than the prior twelve ( 12} months; and (b)
the supporting data upon which the percentage is based.
12. The Planning Commission, or City Council, may also r~quire an audit of
the records of the business by a certified public accountant to
determine the gross sale of food and alcohol or a forensic audit by a
qualified auditor selected by the city of the information and data
systems by which the information is produced. The result of these audits
may be used to determine whether the grounds for modification or
revocation exist. When considering revocation or modification, a
restaurant that sells or provides on-sale alcoholic beverages will be
presumed to be operating as a restaurant if the monthly food to alcohol
sale ratios are consistent with the ratios in HBMC Subsection 17.70.010
(HJ.
13. If the queuing of patrons exceeds the restaurant's waiting area, the
business shall utilize an electronic method of reservation management
to text or otherwise electronically notify patrons when the business is
able to accommodate them without the patrons gathering in the
immediate area.
Page 11 of 18 RES NO. 25-08
14. Live entertainment (including amplified music, disc jockeys, live music
whether acoustic or amplified, and live performances of all kinds)
(excluding acoustic, unamplified, nonpercussive background m u sic
provided accessory to an established on-sate use during normal
business hours by a maximum of two (2) persons without advertisement
and without charge) and customer dancing is prohibited. Limited live
entertainment may be permitted through an Administrative permit per
Hermosa Beach Municipal Code. Televisions and amplified music,
including speakers, shall be prohibited within the first ten ( l OJ feet of the
front building. A maximum of five { l 0) televisions or similar displays shall
be permitted in the remainder of the restaurant. The applicant shall
schedule an inspection with Planning within 21 days of the issuance of
the CUP amendment for the purpose of demonstrating compliance with
the limitation on the total number of televisions.
15. The permittee shall not solicit, advertise, or otherwise encourage the use
of its premises for "pub crawl" activities whereby persons travel in an
organized or predetermined fashion between premises with the goal of
consuming alcoholic beverages at each stop along the way.
16. The hours of operation for all operations of the restaurant, including the
bar areas, shall be limited to between 7:00 A.M. and 11 :00 P .M. daily. All
customers shall vacate the premises by 11 :00 P.M. and the doors shall
be locked.
17.Noise emanating from the property shall be within the limitations
prescribed by the City's Noise Ordinance {Hermosa Beach Municipal
Code Chapter 8.24) and shall not create a nuisance to surrounding
residential neighborhoods and/or commercial establishments.
18. Management shall be responsible for maintaining noise volumes at
reasonable levels.
19. The establishment shall not adversely affect the welfare of the residents,
and/or commercial establishment nearby.
20. The business shall employ adequate staffing and
management/supervision to prevent serving underage persons, over-
Page 12 of 18 RES NO. 25-08
serving alcohol, and loitering , unruliness, and boisterous behavior by
patrons both inside and outside on the business premises during business
hours. The Conditional Use Permit shall be maintained on the premise in
a location where employees can easily read the conditions.
21. The exterior of the premises shall be maintained in a neat and clean
manner and free of graffiti at all times.
22. 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:
a. "California State Law prohibits the sale of alcoholic beverages to
persons under twenty-one years of age"
b. "No Loitering or Public Drinking"
c. "It is illegal to possess an open container of alcohol in the vicinity of
this establishment"
23. 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 (i.e., 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 curtail the violations until the time that
the matter is brought before the Planning Commission. These modified
or additional operational requirements include, but are not limited to, a
reduction in operating hours, required number of staff members during
operating 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 requirement(s)
imposed by the Police Chief during its discussion on the matter. The
Police Chief's determination will remain in effect until considered by the
Planning Commission.
Pogel3ofl8 RES NO. 25-08
24. The building shall be equipped with acoustic features to maximize
soundproofing to the satisfaction of the Community Development
Director.
25. The rear door, emergency exit, facing the alley shall remain closed at all
times during business hours, and shall be equipped with panic hardware
including an alarm and self-closing door mechanisms, equipment shall
be maintained in operational order at all times.
26. Storage of trash bins or cans must be screened and remain in the utility
room as described on the approved floor plans except during
scheduled pick-up times. Odor elimination equipment shall be installed
for the trash bin area: venting untreated air from this area shall be
prohibited.
27. Deliveries to the rear doors on Plam Drive are prohibited between the
hours of 10:00 P.M. and 8:00 A.M. daily.
28. Management shall successfully complete ABC licensee Education on
Alcohol and Drugs (LEAD) training and Responsible Beverage Servers
Training, or equivalent as determined by Chief of Police. Training shall be
completed within 30 days of final approval of the CUP and within 30
days of the employee's start of employment. The business shall maintain
records that management has participated in the required training.
Records shall be maintained for two years after training and be
available upon request for review by the Community Development
Director, Chief of Police, or designee.
29. All employees engaged in the sale or service of alcoholic beverages
shall complete Responsible Beverage Service Training, or equivalent as
determined by the Chief of Police, within 30 days of final approval of the
CUP and 30 days of start of employment. The business shall maintain
records that management and employees have participat ed in the
required trainings. Records shall be maintained for two years after
training and be available upon request by the Community
Development Director, Chief of Police, or designee.
Page 14 of 18 RES NO. 25-08
30. Any changes to the interior and/or exterior floorplan shall be subject to
review and approval of the Planning Commission.
31. All alcoholic beverages shall be served in non-disposable drinkware.
32. No alcoholic beverages shall be sold from any temporary location on
the premises such as ice tubs, barrels, or any other containers.
33. The project site shall be the point-of-sale for the purposes of collecting
any sales tax on goods that are sold, delivered or rented on the site.
34. The business shall install and maintain a video surveillance system that
monitors within the interior of the business and the immediate area. The
video system must be capable of delineating on playback the activity
and physical features of persons and areas within the premises and
immediate area. Recording shall be retained for a minimum of sixty [60)
days and video will be available to Police Department upon request. At
the discretion of the Chief of Police, Licensee may be required to add
additional video cameras.
35. The provisions of this Conditional Use Permit shall take effect immediately
upon adoption by the Planning Commission and upon completion of
the applicable appeal period, should no appeal be filed.
36. This Conditional Use Permit Resolution shall supersede and replace
Planning Commission Resolution 20-23 which is hereby rescinded and of
no further force and effect, except that the applicable requirements of
the floor plan alterations, as part of Planning Commission 20-23, and the
applicable requirements of the Precise Development Plan as part of
Planning Commission Resolution 96-13 remain effective.
37. The operation of the business sha!I comply with all Ordinances,
regulations and laws applicable to a business of this kind in effect at of
the date hereof or hereafter adopted. In addition to any other remedy
available at law, in equity or as provided in the Municipal Code, 9i) any
significant material violation, or (ii) any repeated, continuous or
sustained violation of any condition of approval of this Conditional Use
Permit shall be required to reimburse the City fully for its coast and
Page 15 of 18 RES NO. 25-08
expenses including by not limited to attorney's fees, in undertaking any
such corrective action, Reimbursement of enforcement cost shall
constitute a civil debt and may be collected by any means permitted
by law. In the event that violations of this Permit occur, the City shall
refrain from issuing further permits, licenses, or other approvals until such
violation has been fully remedied.
38.To reduce marine debris associated with take-out containers, the
establishment shall not use take-out containers with a "No. 6" recycle
code or use certain polystyrene products, single-use plastic products,
and single-use products in compliance with HBMC Chapter 8.64.
39. The practice of washing and rinsing restaurant floor mats, equipment,
tables, etc. or discharge of any liquids, other than stormwater, onto the
public right-of-way, into the parking lot drain or storm drains, is strictly
prohibited. Discharge of liquids or ash water shall be limited to the
sanitary sewer.
40.A bicycle rack for a minimum of six (6) bikes shall be installed as reflected
in the submitted siteplan/floor plan. The proposed bicycle racks must be
considered and evaluated by Public Works Department prior to
approval. Once installed, the bicycle rack must be inspected by Public
Works staff. The applicant will submit to Public Works within 21 days of
the final approval of the CUP amendment.
a. In the event of the restaurant's on street dining deck, located on
Hermosa Avenue, is no longer permitted by the Department of Public
Works the bicycle rack may be removed and the applicant would
have no further obligation to provide bicycle parking.
41.To the extent permitted by law, Permittee shall defend, indemnify and
hold harmless the City of Hermosa Beach, its City Council. its officers,
employees and agents (the "indemnified parties") from and against any
claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any
permit or approval for this project authorized by the City, including
{without limitation) reimbursing the City its actual attorney's fees and
costs in defense of the litigation. The City may, in its sole discretion, e lect
Page 16 of 18 RES NO. 25-08
to defend any such action with attorneys of its choice. 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.
42. 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.
SECTION 4. The Planning Commission finds that the project is categorically exempt
from the California Environmental Quality Act {CEQA), as defined in Section 1530 1
of the State CEQA Guidelines, Class l Categorical Exemption, Existing Facilities.
More specifically, the approval of the Conditional Use Permit results in no physical
change to the existing structure. Moreover, none of the exceptions to the
categorical exemption(s) apply, as defined in section 15300.2 of the State CEQA
Guidelines. The project will not result in a significant cumulative impact of
successive projects of the same type in the same place; the project does not
involve unusual circumstances with the possibility to have a significant effect on
the environment; the project will not result in damage to a state scenic highway;
the project is not located on a hazardous waste site; and the project does not
involve a historical resource.
SECTION 5. 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 90 days after the final decision by the
City Council.
VOTE: AYES :
NOES:
ABSTAIN:
ABSENT :
5-Chair Hirsh, Vice Chair lzant, Commissioner Hoffman,
Commissioner Flaherty and Commissioner McNally
CERTIFICATION
Page 17 of 18 RES NO. 25-08
I hereby certify that the foregoing Resolution P .C. 25-08 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 20, 2025 .
Kate Hirsh, Chairperson Alison Becker, Secretary
Date:
Page 18 of 18 RES NO. 25-08