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HomeMy WebLinkAboutPC Resolution 25-12 - 1016 The StrandCITY OF HERMOSA BEACH RESOLUTION NO . 25-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP 23-02), ALLOWING FOR OUTDOOR DINING, OUTDOOR NON-AMPLIFIED LIVE ENTERTAINMENT, AND THE ON-SALE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND DISTILLED SPIRITS) AT 1016 THE STRAND, IN THE NEIGHBORHOOD COMMERCIAL ZONE (C-1) AND DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). WHEREAS, an application was filed on February 27, 2023, by the applicant Scott Sorensen of Hermosa Hospitality LLC, for a Conditional Use Permit (CUP) located at l 016 The Strand (the "project site", also known as Sea Sprite Hotel), to allow the sale of beer, wine, and distilled spirits for on-site consumption; and WHEREAS, the application was paused, by the applicant to accommodate the buildout of the restaurant space at the project site , and was later revived and amended on July 21, 2025 to include a request for outdoor dining and outdoor amplified live entertainment; and WHEREAS, Sea Sprite Hotel is an existing legal non-conforming hotel use located at l 016 The Strand. The proposed uses are accessory and incidental to that of the principal hotel use. The project site is designated as Recreational Commercial (RC) in the General Plan, is zoned Neighborhood Commercial (C-1), and is located within the Coastal Zone; and WHEREAS, on-site sale and consumption of alcohol, not limited to beer and wine, is conditionally permitted in the C-1 Zone and is subject to the general provisions and standards in Hermosa Beach Municipal Code (HBMC) Sections 17.26.060 and 17.40.080; and WHEREAS, in considering the granting of a Conditional Use Permit, the City shall assess the general criteria for all uses pursuant to HBMC Section 17 .56.040. The General Criteria are used to help inform the five required findings which must be made pursuant to HBMC 17.56.050 in order to approve a CUP; and Pagel of l l RES NO . 25-12 WHEREAS, the Planning Commission, at its public meeting of August 19, 2025, considered all testimony and evidence regarding the application, both oral and written, that was presented to the Planning Commission; and WHEREAS, based on the testimony and evidence received, the Planning Commission further finds, determines and declares the following pertaining to the application for a Conditional Use Permit. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into this Resolution. SECTION 2. Based on the testimony and evidence received at its August 19, 2025, Planning Commission meeting, the Planning Commission finds, determines and declares the following pertaining to the application for a Conditional Use Permit under Hermosa Beach Municipal Code Section 17.56.050: Findings: The General Criteria defined at HBMC Section 17.56.040 are used to help inform the five required CUP findings, all of which must be made pursuant to HBMC 17.56.050 to approve an application for a CUP: 1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other titles of the Hermosa Beach Municipal Code; The proposed uses are considered accessory to the existing legal non- conforming use of a hotel rather than independent uses. HBMC Section 17.52.020 allows for a non-conforming use to be continued so long as the use is not vacated for a period of 90 days or more . The project complies with all other applicable provisions of the Hermosa Beach Municipal Code. 2. The proposed use is consistent with the General Plan and any applicable specific plan; The project site is located on the Strand in the City's Downtown Commercial zone. More specifically, the property is located within the Recreational Page 2 of 11 RES NO . 25-12 Commercial (RC) General Plan designation which envisions a variety of visitor serving uses. The proposed allowance for on-sale service and alcohol consumption would provide an additional amenity and serve residents and visitors , with minimal impact on adjacent properties. As explained further below, the proposed use is consistent with Land Use Element Goal 1, Policy 1.5, and Goal 1, and Policy 1.7 of the General Plan. General Plan Consistency Land Use Element Findings Goal 1. Create a sustainable urban The proposal put forth is consistent with form and land use patterns that policy 1.5 as the project promotes support a robust economy and high quality coastal uses, with minimal quality of life for residents . impact to adjacent residential Policy 1.5 Balance resident and visitor properties. Specifically, the project needs. Ensure land uses and business proposes live entertainment, outdoor provide for needs of residents as well dining , and serving alcohol to patrons as visitors. in order to provide premium dining experience to hotel guests and their guests . Goal 1. Create a sustainable urban The proposal put forth is consistent with form and land use patterns that policy 1.7 as the project ensures support a robust economy and high compatibility of uses by placing hotel quality of life for residents. and accessory restaurant and live Policy 1.7 Compatibility of Uses. Ensure music uses within proximity to other the placement of new uses does not visitor serving establishments In the create or exacerbate nuisances downtown zone. between different types and land uses. 3. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements. The proposed allowance for alcoholic beverage sales, outdoor dining, and live entertainment would serve as an accessory to the primary hotel use . The business will be required to abide by conditions of approval to mitigate and prevent potential adverse impacts to the community . As stated, the proposed use would not be averse to the public health, safety, or general welfare of the community or detrimental to surrounding properties or improvements as conditioned. The proposed hours of outdoor dining and Page 3 of 11 RES N O. 25 -12 alcoholic beverage service on the patio are from 8:00 am to 10:00 pm daily. Indoor dining would be permitted from 7:00 am to l 0:00 pm daily. The proposed hours of outdoor non-amplified live entertainment are from 12:00 pm to 6:00 pm Monday through Thursday and from 9:00 am to 6:00 pm Friday through Sunday. 4. The design, location, size and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation on the vicinity; and The design, location, size and operating characteristics of the hotel and restaurant facility are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity. The limitations on the outdoor operation and entertainment (including conditions of approval 7, 8, 9, l 0, l l, and 15 of this Resolution) will ensure that the use is operated in a manner compatible with the surrounding area. The proposed use would not result in any physical changes to the existing establishment. 5. The site is physically suitable for the type of use being proposed, including access, utilities and the absence of physical constraints. There would be no change in the physical structure, nor are there any constraints on the site that would render the site unsuitable. The proposed accessory uses of alcoholic beverage sales, outdoor dining, and live entertainment would complement the existing hotel facility. SECTION 3. Based on the foregoing findings, the Planning Commission hereby approves Conditional Use Permit 23-02 to allow outdoor dining, outdoor non-amplified live entertainment, and on-sale consumption of alcoholic beverages (beer, wine, & distilled spirits) at l 0 16 The Strand subject to the following Conditions of Approval: l . The project shall be substantially consistent with the application submitted and approved by the Planning Commission on August 19, 2025. The applicant shall retain records of the approved floor plan until any subsequent modifications or approvals are granted. a . Seating, the sale and service of alcohol or food, and the provision of live entertainment shall occur only on private property and ~ prohibited on any portion of public property and the Strand unless otherwise permitted by the City. Page 4 of 11 RES NO . 25-12 b. The applicant shall submit a floor plan clearly delineating where all live entertainment and non-amplified music performances may occur. The floor plan shall be subject to approval by the Community Development Director. 2. Under no circumstances shall furniture or other interior/exterior improvements be rearranged from the floor plan attached to the CUP Amendment to accommodate more entertainment, or greater occupancy load unless otherwise permitted by the City. 3. Live entertainment offered by the establishment shall not exceed two (2) performers. No amplified sounds or music shall be permitted. No facilities or floor space for participant dancing shall be provided unless otherwise permitted by the City. Live entertainment shall be incidental to the on-site use and ticketed sales for live entertainment shall be prohibited. 4. No alcohol may be served in disposable drinkware . 5. A manager who is aware of the conditions of this Conditional Use Permit shall be on the premises during business hours. The Conditional Use Permit shall be maintained on the premises in a location where employees can easily read the conditions. 6. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 7. The hours of operation of the outdoor dining and alcohol service; indoor dining and alcohol service, and live entertainment, shall be as follows: Use Operating Hours Outdoor Dining & Alcohol 8:00 am to 10:00 pm daily Service Indoor Dining & Alcohol Service 7:00 am to 10:00 pm daily Live Entertainment 12:00 pm to 6:00 pm Monday-Thursday (Non-amplified) and 9:00 am to 6:00 pm Friday-Sunday Page 5 of 11 RES NO. 25-12 All patrons must vacate each respective area of food and alcohol service by the permitted closing time. Lingering by patrons after permitted operational hours have ceased is explicitly prohibited. 8. 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" 9. The applicant shall install and maintain signage at each gate or doorway along the property perimeter of the outdoor service area notifying patrons that no alcohol beverages beyond the premises . Signage shall be installed within 15 days of final approval. Prior to installation the applicant shall submit a plan identifying the location(s) signage, size, and exact sign copy to planni nq @hermosabe a ch .gov for review . Upon installation of the approved signage the applicant shall contact the department for inspection. l 0. 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. 11 . 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 Page 6 of 11 RES NO. 25-12 CUP and 30 days of start of employment. The business shall maintain records that management and employees have participated 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. 12. The business shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 13. 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. 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 Chief of Police, Licensee may be required to add additional video cameras. 14. The business shall utilize "guest ambassadors" whose primary responsibility is to maintain security on site and monitor alcohol sales and refusal to serve. At least one guest ambassador shall be on site from 4:00 pm to close Monday through Thursday and 12:00 pm to close Friday through Sunday. 15. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 16. 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. 17. 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). Page 7 of 11 RES NO. 25-12 18. 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. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 19. The permittee is required to acquire and maintain Type-47 license issued by the California Department of Alcoholic Beverage Control. 20. The project site shall be the point-of-sale for the purpose of collecting any sales tax on goods that are sold, delivered or rented on the site. 21 . Any changes to the interior or exterior layout which alter the primary function of the business shall be subject to review and approval by the Planning Commission. Minor modifications that do not alter the primary function of the business may be approved by the Community Development Director. 22. 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 of the matter. The Police Chief's determination will remain in effect until considered by the Planning Commission. Page 8 of l l RES NO . 25-12 23. The Planning Commission may review this Conditional Use Permit and may revoke the permit, amend the subject conditions, or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. This Conditional Use Permit shall also be revokable by the Planning Commission if an encroachment permit for use of the public right-of-way is not secured in a timely manner to the satisfaction of the Public Works Director. 24. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, or final decision by the City Council, unless significant construction or improvements or the use authorized hereby 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 60 days prior to the expiration date. No additional notice of expiration will be provided. 25. 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, elect 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 against the City because of this permit. 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. 26. 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. Page 9 of l l RES NO. 25-12 SECTION 4. The Planning Commission finds that the project is categorically exempt from the California Environmental Quality Act (CEQA), as defined in Section 15301 of the State CEQA Guidelines, Class l Categorical Exemption, Existing Facilities, as the project consists of the operation and permitting of existing private structures which involve negligible or no expansion of existing use. 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 to the project, as defined in section 15300.2 of the State CEQA Guidelines. The project would not result in a significant cumulative impact of successive projects of the same type in the same place over time; the project would not have a significant effect on the environment due to unusual circumstances; the project would not damage a scenic highway or scenic resources within a state scenic highway; the project is not located on a hazardous waste site; and the project would not cause a substantial adverse change in the significance of a historical resource. SECTION 5. Pursuant to the Code of Civil Procedure Section l 094.6, 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: A YES: 4 -Chairperson Kate Hirsh, Vice Chairperson Stephen lzant, Commissioner Michael Flaherty, and Commissioner Greg McNally NOES: 1-Commissioner Peter Hoffman ABSTAIN : ABSENT: page 10 of l l RES NO. 25-12 . .. .. CERTIFICATION I hereby certify that the foregoing Resolution P.C. 25-XX 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 August 19, 2025. Kate Hirsh, Chairperson Alison Becker, Secretary Date Page 11 of 11 RES NO. 25-12