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HomeMy WebLinkAboutPC Resolution 25-13 - 2515 Pacific Coast HighwayCITY OF HERMOSA BEACH RESOLUTION NO. 25-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT (APE25-002), ALLOWING FOR ON-SALE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER ONLY) OUTDOORS AT 2515 PACIFIC COAST HIGHWAY, IN THE C-3 ZONE AND DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). WHEREAS, the Planning Commission approved Resolution PC 20-0 l, which granted a Conditional Use Permit {"CUP") on November 19 , 2019 allowing on-site sale, service, and consumption of beer and wine indoors at an Existing Hotel , in conjunction with expanded food service for hotel guests at 2515 Pacific Coast Highway {the "project site", also known as Hotel Hermosa); and WHEREAS, an application was filed on March 3, 2025, by the app licant Jennifer Oden of Pacifica Food and Beverage, Inc., for a Conditional Use Permit Amendment {APE 25-002) located at the project site to allow the for on-site consumption of beer and wine on an existing patio; and WHEREAS, Hotel Hermosa is an existing 37,620 -square-foot hotel located at 251 5 Pacific Coo st Highway. The project site is desi g noted as Genera I Commercial (GC) in the General Plan, is zoned General and Highway Commercial {C -3), and is located outside of the Coastal Zone; and WHEREAS, on-site sale ond consumption of beer and wine is conditionally permitted in the C-3 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 amendment, 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 Section l 7.56.050 in order to approve a CUP or CUP Amendment; and Pag e l of 12 RES NO. 2 5-13 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 Amendment. 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 a II other a p plic ab le pro visions of this Title and a II other titles of the Hermosa Beach Municipal Code; The proposed use ta expand the on-sale alcoholic beverage to the existing patio is allowed within the General and Highway Commercial (C-3) 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 site is located within the Pacific Coast Highway corridor, and as a primary entry point into Hermosa Beach aims to provide a variety of uses. The proposed expansion to on-site alcohol consumption to the existing Page 2 of 12 RES NO. 25-13 outdoor patio would provide additional amenity and services for visitors, with minimal impact on adjacent properties. General Plan Consistency Land Use Element findings Goal 1. Create a sustainable The proposed use would be urban form and land use conditioned to ensure compatibility patterns that support a robust with surrounding uses. The proposed economy and high quality of life hours of operation would be limited to for residents. Sunday through Thursday 8 a.m. to 9 Policy 1.5 Balance resident and p.m. and Friday and Saturday 8 a.m. to visitor needs . Ensure land uses 10 p.m. on the outdoor patio. and business provide needs of Additional conditions including the resident as well os visitors. required training of staff, installation of Policy 1.7 Compatibility of uses. signs, and periodic monitoring of the Ensure the placement of new outdoor area, and restrictions on uses does not create or amplified sound would maintain exacerbate nuisances between compatibility of proposed use with the different types of land uses. adjacent residential 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 use to allow for the consumption of beer and wine on the existing outdoor patio would not be averse to the public health safety, or general welfare of the community, nor detrimental to surrounding properties or improvements, as the use is conditionally permitted in the C -3 Zone . Additionally, the applicant will be required to abide by the conditions of approval incorporated into the which are intended to mitigate or prevent any potential adverse impacts to the community. The following conditions of approval would ensure the use operates in a manner compatible with the surrounding properties: 5. The patio hours of use shall be Sunday through Thursday 8 a.m . to 9 p.m. and Friday and Saturday 8 a.m. to 10 p.m. The sale of beer Page 3 of 12 RES NO. 25-13 and/or wine will occur within the indoor portion of the hotel at the existing counter space. a. The point of sale and service of all alcoholic beverages shall remain in the interior of the hotel. Hotel guests shall not be served alcohol by wait staff on the outdoor patio. 6. The applicant shall provide an operations plan and enforce policy reflecting the requirements of these Conditions of Approval, which shall be submitted to the Community Development Department and subject to review and approval by the Community Development Director. Staff shall regularly check the outdoor patio to ensure compliance with conditions and ensure it is closed to patrons outside of allowed hours. 11. The business shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 16. Noise emanating from the property shall be within the limitations prescribed by the City's Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.245) and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 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 in the vicinity; and The proposed design, location, size and operating characteristics of the hotel are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity. The proposed amendment would not result in any physical changes to the existing hotel and the proposed hours of operation for the outdoor area would limit impacts to adjacent residential uses. The existing hours of operation for indoor sales, service and consumption are Sunday through Thursday 6:00 am to 10:00 pm, and Friday to Saturday 6:00 am to 1 l :00 pm. The application proposes reduced hours for the outdoor patio. The proposed reduced hours of operation would limit the consumption of alcoholic beverages to Sunday through Thursday 8 a.m. to 9 p.m. and Friday and Saturday 8 a.m. to 10 p.m. on the outdoor patio. The reduced hours of operations far the outdoor area will ensure compatibility with the proposed surrounding residential uses. Page 4 of 12 RES NO. 25-13 5. The site is physically suitable for the type of the use being proposed, including access, utilities, and absence of physical constraints. The primary use of the project site would not be impacted as part of this amendment. The existing hotel would remain. There would be no change in the physical structure of the hotel nor are there any pre-existing constraints on the use. SECTION 3. Based on the foregoing findings, the Planning Commission hereby approves Conditional Use Permit Amendment 25-002 for the sale of beer and wine for on-site consumption within the outdoor patio as set forth in Planning Commission Resolution 25-13 subject to the following Conditions of Approval. This approval shall supersede the restrictions on the consumption of alcoholic beverage (Conditions of Approval l, Se, and 19) of Planning Commission Resolution 20-1; all other conditions shall remain in effect. 1. The project shall be substantially consistent with the application submitted ond approved by the Planning Commission on August 19, 2025. The applicant shall retain records of the approved floor plan untit any subsequent modifications or approvals are granted. 2. 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. 3. Parking Plan P.C. Resolution 16-16 (as amended through P.C. Resolution 20- 02) shall additionally apply. 4. 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. 5. The patio hours of use shall be Sunday through Thursday 8 a.m. to 9 p.m. and Friday and Saturday 8 a.m. to l 0 p.m. The sale of beer and/or wine will occur within the indoor portion of the hotel at the existing counter spoce. Page 5 of 12 RES NO. 25-13 a. The point of sale and service of all alcoholic beverages shall remain in the interior of the hotel. Verified and registered hotel guests and their authorized guest shall not be served alcohol by wait staff on the outdoor patio. 6. Food and beverage service (including the internal sale, service and consumption of alcohol) shall be available only for verified and registered hotel guests and their authorized guest, and shall not be open to the public. This Condition of Approval shall repeal and replace Condition of Approval 10 to Parking Plan PC Resolution 16-16 (as amended through PC Resolution 20-02) 7. The applicant shall provide an operations plan and enforce policy reflecting the requirements of these Conditions of Approval, which shall be submitted to the Community Development Department and subject to review and approval by the Community Development Director. Staff shall regularly monitor the outdoor patio to ensure compliance with conditions and ensure it is closed to patrons outside of allowed hours. 8. The applicant shall install informational signage reminding patrons to keep the noise down in consideration of its neighbors and patio hours. Signage shall be installed prior to commencement of alcohol consumption on the outdoor patio. The applicant shall submit a plan identifying the location(s) signage, size, and exact sign copy to planninq@hermosabeach.gov for review and approval prior to commencement of service. Upon installation of the approved signage the applicant shall contact the department for inspection. 9. The following signs shall be posted in a conspicuous location in a readily visible manner, warning patrons of the illegality of selling alcoholic beverages ta 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" Page 6 of 12 RES NO. 25-13 c. "It is illegal ta possess an open container of alcohol in the vicinity of this establishment" 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 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. Live entertainment is prohibited (including amplified music, disc jockeys , live music whether acoustic or amplified, and live performances of ail kinds) per HBMC Section 17.04.050, ("Entertainment, Live"), with the exception of administratively approved Temporary Minor Special Events Permit and Limited Live Entertainment Permits in conformance with HBMC Section 17.42.l50and 17.42.190. a . Entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be prohibited on the exterior of the building, in the open-air areas and within the outdoor patio . b. No facilities or floor space for participant dancing shall be provided unless otherwise permitted by the City. Page 7 of 12 RES NO. 25 -13 14. Signage informing hotel guests that live entertainment is prohibited shall be posted in a conspicuous location in a readily visible manner on the outdoor patio. 15. 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 ta the satisfaction of the Chief of Police. At the discretion of the Chief of Police, Licensee may be required to add additional video cameras. 1 6. 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. 17. Noise emanating from the property shall be within the limitations prescribed by the City's Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.245) and shall not create a nuisance ta surrounding residential neigh borhoa ds, and/ or commercial establishments . 18.The business shall prevent unruliness and boisterous activities of the patrons on the outdoor patio. outside the business, or in the immediate area . 19. The exterior of the premises shall be maintained in a neat and clean manner and be maintained fee of graffiti at all times. 20. The business with an-sale alcoholic beverage service may be subject to a periodic review process established by the City to verify conformance with the conditions of approval. 21. 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 Page 8 of 12 RES NO. 25-13 Access Standards [Government Code Title 24), and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES}. 22. 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. 23. The project site shall be the point-of-sale for the purpose of collecting any soles tax on goods that are sold, delivered or rented on the site. 24. Any changes to the interior or exterior layout which olter 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. 25 . In addition to any other remedy provided by law, if the business operating pursuant to this CUP violates ony 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 ond 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 untit 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 9 of 12 RES NO . 25-13 26. Prior to implementing allowed alcohol consumption, an 'Acceptance of Conditions' affidavit and recording fee shall be filed with the Planning Division of the Community Development Department stating that the applicant/property owner is aware of, and agrees to accept, all of the conditions of this permit of approval. 27.The Planning Commission moy 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. 28. 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. 29. 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 ony 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. Page IO of 12 RES NO. 25-13 30. 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 low, 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 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 Cade 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: 4 -Chair Hirsh, Vice Chair lzant, Commissioner Flaherty , and Commissioner McNally l -Commissioner Hoffman Page 11 of 12 RES NO. 25 -13 CERTIFICATION I hereby certify that the foregoing Resolution P.C. 25-13 is a true and complete re cord of t he action taken by t he Planning Commissions of the City of Hermosa Beach, California, at its regular meeting of August 19, 2025. Kate Hirsh, Chairperson Alison Becker, Secretary Oct 2, 2025 Date Page 12 o f 12 RES N O . 25-13