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Home My WebLink About2017-06-20 PC AGENDAPlanning Commission City of Hermosa Beach Regular Meeting Agenda - Final City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers7:00 PMTuesday, June 20, 2017 1 June 20, 2017Planning Commission Regular Meeting Agenda - Final Note: No Smoking Is Allowed in The City Hall Council Chambers THE PUBLIC COMMENT IS LIMITED TO THREE MINUTES PER SPEAKER Planning Commission agendas and staff reports are available for review on the City's web site at www.hermosabch.org. Wireless access is available in the City Council Chambers for mobile devices: Network ID: CHB-Guest, Password: chbguest Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the Community Development Department during normal business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. and on the City's website. Final determinations of the Planning Commission may be appealed to the City Council within 10 days of the next regular City Council meeting date. If the 10th day falls on a Friday or City holiday, the appeal deadline is extended to the next City business day. Appeals shall be in written form and filed with the City Clerk's office, accompanied by an appeal fee. The City Clerk will set the appeal for public hearing before the City of Hermosa Beach City Council at the earliest date possible. If you challenge any City of Hermosa Beach decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in a written correspondence delivered to the Planning Commission at, or prior to, the public hearing. To comply with the Americans with Disabilities Act (ADA) of 1990, Assistive Listening Devices will be available for check out at the meeting. If you need special assistance to participate in this meeting, please call or submit your request in writing to the Community Development Department at (310) 318-0242 at least 48 hours (two working days) prior to the meeting time to inform us of your needs and to determine if/how accommodation is feasible. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Oral / Written Communications Section I CONSENT CALENDAR 5.REPORT 17-0307 Approval of the May 16, 2017 Planning Commission Action Minutes Recommendation:To approve the Planning Commission action minutes of the May 16, 2017 regular meeting. 6. Resolution(s) for Consideration - None Page 2 City of Hermosa Beach Printed on 3/21/2024 2 June 20, 2017Planning Commission Regular Meeting Agenda - Final *************************************************************************************************************** **** THE RECOMMENDATIONS NOTED BELOW ARE FROM THE PLANNING STAFF AND ARE RECOMMENDATIONS ONLY. THE FINAL DECISION ON EACH ITEM RESTS WITH THE PLANNING COMMISSION. PLEASE DO NOT ASSUME THAT THE STAFF RECOMMENDATION WILL BE THE ACTION OF THE PLANNING COMMISSION. *************************************************************************************************************** **** 17-0361 INFORMATION ONLY: PUBLIC HEARING NOTICES AND PROJECTS ZONING MAP Section II HEARING 7.REPORT 17-0365 C-36-Conditional Use Permit Review Process (Community Development Director Ken Robertson) Recommendation:To consider and discuss recommendations from subcommittee members Rice and Pederson regarding the Conditional Use Permit review process, and make recommendations to City Council as deemed appropriate. Section III PUBLIC HEARING 8.REPORT 17-0363 CUP 17-1 -- Conditional Use Permit amendment to allow floor plan alterations and to modify conditions of approval for an existing restaurant with on-sale beer and wine and outdoor dining and determination that the project is categorically exempt from the California Environmental Quality Act at 170 and 190 Hermosa Avenue known as Tammie’s Corner House Café. Recommendation:Adopt the attached resolution approving the Conditional Use Permit amendment subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act. 9.REPORT 17-0359 CON 17-7, PDP 17-2, VTPM #74917 -- Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74292 for a three-unit detached condominium project at 1100 Loma Drive subject to conditions and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Recommendation:Adopt the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74292 for a three-unit detached condominium project at 1100 Loma Drive subject to conditions and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Page 3 City of Hermosa Beach Printed on 3/21/2024 3 June 20, 2017Planning Commission Regular Meeting Agenda - Final 10.REPORT 17-0349 TA 17-1 - Text Amendment regarding definitions and standards for assembly uses, in order for the City to be consistent with the Religious Land Use and Institutionalized Persons Act (RLUIPA), and determination that the project is categorically exempt from the California Environmental Quality Act (continued from the May 16, 2017 meeting). Recommendation:Adopt the attached resolution recommending the City Council adopt a text amendment establishing definitions and standards for assembly uses, in order for the City to be consistent with the Federal Religious Land Use and Institutionalized Persons Act (RLUIPA), and determine the project is exempt from the California Environmental Quality Act. Section IV 11. Staff Items a.REPORT 17-0364 Whether “elevator housing” should continue to be included as one of the roof structure elements that may exceed the height limit in commercial zones. b.17-0292 Report on City Council Actions c.17-0293 Status Report on Major Planning Projects d.REPORT 17-0362 July 18, 2017 Planning Commission Tentative Future Agenda Items Recommendation:To receive and file the July 18, 2017 Planning Commission tentative future agenda items. e.REPORT 17-0306 Community Development Department Activity Report of April, 2017 Recommendation:To receive and file the April, 2017 Community Development Department activity report. 12. Commissioner Items 13. Adjournment Page 4 City of Hermosa Beach Printed on 3/21/2024 4 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0307 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 Approval of the May 16, 2017 Planning Commission Action Minutes Recommended Action: To approve the Planning Commission action minutes of the May 16, 2017 regular meeting. Attachment: 1. May 16, 2017 Planning Commission action minutes Respectfully Submitted by: Yu-Ying Ting, Administrative Assistant Concur: Kim Chafin, Senior Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™5 1 Planning Commission Action Minutes May 16, 2017 ACTION MINUTES PLANNING COMMISSION City Hall Council Chambers 1315 Valley Drive Hermosa Beach, CA 90254 May 16, 2017 7:00 P.M. Michael Flaherty, Chairperson Rob Saemann, Vice Chair Marie Rice David Pedersen Peter Hoffman 1. Call to Order at 7:01 P.M. 2. Pledge of Allegiance 3. Roll Call Present: Commissioners Hoffman, Pedersen, Rice, Saemann, Chairperson Flaherty Absent: None Also Present: Ken Robertson, Community Development Director Lauren Langer, Assistant City Attorney Yalini Sivapathasundarum, Associate Planner Nicole Ellis, Assistant Planner Kathy Khang, Assistant Planner 4. Oral / Written Communications Anyone wishing to address the Commission regarding a matter not related to a public hearing on the agenda may do so at this time. Section I CONSENT CALENDAR 5. Approval of the April 18, 2017 Planning Commission Action Minutes. Recommendation: To approve the Planning Commission action minutes of the April 18, 2017 regular meeting. ACTION: To approve the April 18, 2017 action minutes as presented. MOTION by Commissioner Pedersen and seconded by Commissioner Saemann. The motion carried by a unanimous vote. 6 2 Planning Commission Action Minutes May 16, 2017 6. RESOLUTION(S) FOR CONSIDERATION - None Section II PUBLIC HEARING 7. CON 16-18, PDP 16-20, VTPM #74754-Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74754 for a two-unit condominium project at 719 1st Place, and determination that the project is categorically exempt from California Environment Quality Act. Recommendation: Adopt the attached resolution approving the Conditional Use permit, Precise Development Plan, and Vesting Tentative Parcel map No. 74754 for a two-unit condominium project at 719 1st Place, and determination that the project is Categorically Exempt from California Environmental Quality Act. Coming forward to speak: Larry Peha ACTION: To adopt resolution, as presented, approving subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74754 for a two-unit condominium project at 719 1st Place, and determination that the project is categorically exempt from the California Environmental Quality Act MOTION by Commissioner Hoffman and seconded by Commissioner Pedersen. The motion carried by the following vote: AYES: Comms. Hoffman, Pedersen, Rice, Saemann Chmn. Flaherty NOES: None ABSTAIN: None ABSENT: None 8. VAR 17-1-- A variance from the nonconforming buildings and uses provisions to allow a single-family residence to expand beyond 3,000 square feet for the building site while maintaining a substandard sized nonconforming guest parking space and a nonconforming side yard setback of 2’-9” rather than the required setback of 4’-9” at 2702 The Strand and determination that the project is categorically exempt from the California Environmental Quality Act. Recommendation: To deny the requested variance because all required variance findings cannot be made and determination that the project is categorically exempt from the California Environmental Quality Act. Coming forward to speak: John Berardo and Gerald Holman. ACTION: To adopt resolution, as presented, denying subject Variance request at 2702 The Strand. 7 3 Planning Commission Action Minutes May 16, 2017 MOTION by Commissioner Hoffman and seconded by Commissioner Pedersen. The motion carried by the following vote: AYES: Comms. Hoffman, Pedersen, Rice, Saemann Chmn. Flaherty NOES: None ABSTAIN: None ABSENT: None 9. TEXT 17-2 -- Amend the Sign Code (Municipal Code, Chapter 17.50) regarding automobile sales signs on Pacific Coast Highway and determination that the project is categorically exempt from the California Environmental Quality Act. Recommendation: Staff recommends the Planning Commission take no action and thereby allow the temporary ordinance, authorizing the permanent display of banner signs for automobile dealers along Pacific Coast Highway, to expire July 23, 2017, and direct staff to commence enforcement efforts and work with the auto dealerships to develop sign programs that are consistent with the sign code. Coming forward to speak: Andrea Jacobsson and George Barks. ACTION: To receive and file (thereby allowing the temporary ordinance to expire). MOTION by Commissioner Hoffman and seconded by Commissioner Saemann. The motion carried by the following vote: AYES: Comms. Hoffman, Pedersen, Rice, Saemann Chmn. Flaherty NOES: None ABSTAIN: None ABSENT: None 10. TEXT 17-1 -- Text Amendment to allow religious institutions in zones allowing assembly uses, and determination that the project is categorically exempt from the California Environmental Quality Act (continued from the April 18, 2017 meeting). Recommendation: Staff is requesting a continuance to June 20, 2017 to allow for additional time to prepare Text Amendment 17-1 regarding religious institutions in zones allowing assembly uses. Moving this item to the June agenda has the added benefit of further review of the Municipal Code. ACTION: To continue to the June 20, 2017 meeting. MOTION by Commissioner Hoffman and seconded by Commissioner Rice. The motion carried by a unanimous vote: 8 4 Planning Commission Action Minutes May 16, 2017 Section III 11. Staff Items a. Report on City Council Actions. b. Status Report on Major Planning Projects. c. June 20, 2017 Planning Commission tentative future agenda items. d. Community Development Department Activity Report of March, 2017. 12. Commissioner Items a. C-36 - Conditional Use Permit Review Subcommittee Report. ACTION: To schedule full review of the Conditional Use Permit review process to the June 20, 2017 meeting and send notices to local business community. MOTION by Commissioner Rice and seconded by Commissioner Pedersen. The motion carried by a unanimous vote. 13. Adjournment The meeting was adjourned at 9:27 P.M. CERTIFICATION I hereby certify the foregoing Minutes are a true and complete record of the action taken by the Planning Commission of Hermosa Beach at the regularly scheduled meeting of May 16, 2017. Michael Flaherty, Chairperson Ken Robertson, Secretary Date 9 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 17-0361 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 INFORMATION ONLY: PUBLIC HEARING NOTICES AND PROJECTS ZONING MAP Attachment: 1.Public Notices 2.Projects Zoning Map City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™10 11 12 ZONING DESIGNATIONS R-1 ONE FAMILY RESIDENTIAL R-1A LIMITED ONE-FAMILY RESIDENTIAL R-2 TWO-FAMILY RESIDENTIAL R-2B LIMITED MULTIPLE FAMILY RESIDENTIAL R-3 MULTIPLE FAMILY RESIDENTIAL R-P RESIDENTIAL-PROFESSIONAL RPD RESIDENTIAL PLANNED DEVELOPMENT R-3PD MULTIPLE FAMILY PLANNED DEVELOPMENT C-1 NEIGHBORHOOD COMMERCIAL C-2 RESTRICTED COMMERCIAL C-3 GENERAL COMMERCIAL M-1 LIGHT MANUFACTURING OS OPEN SPACE OS-1 RESTRICTED OPEN SPACE OS-2 RESTRICTED OPEN SPACE OS-O OPEN SPACE OVERLAY MHP MOBILE HOME PARK SPA SPECIFIC PLAN AREA (RESIDENTIAL USES) SPA SPECIFIC PLAN AREA (COMMERCIAL USES) Projects Zoning MapPlanning Commission Meeting June 20, 2017 1100 Loma Dr3 unit CondominiumZone: R-3 190 Hermosa Ave(Currently Tammy's andproposed to be Serve Kitchen)CUP AmendmentZone: R-3 13 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0365 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 C-36-Conditional Use Permit Review Process (Community Development Director Ken Robertson) Recommended Action: To consider and discuss recommendations from subcommittee members Rice and Pederson regarding the Conditional Use Permit review process, and make recommendations to City Council as deemed appropriate. Summary: The Planning Commission unanimously scheduled this for discussion and possible recommendations at their May meeting based on a list of recommendations from the subcommittee. Recommendations and support materials prepared by the subcommittee are attached. Attachments: 1.CUP review subcommittee report City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™14 Planning Commission Date: May 16, 2017 CUP Review Subcommittee Subcommittee Members: Commissioner Dave Pedersen and Commissioner Marie Rice Subcommittee formed: December 12, 2016 Subcommittee Goals: 1. Review purview of Planning Commission in CUP review process 2. Evaluate current Alcohol CUP Review Process to identify improvements to existing process Activity to date: • Initial meeting with Community Development Director Ken Robertson to review subcommittee requests - January 9, 2017 • Attendance/observation at RBS Training on January 9, 2017 • Follow up meeting with BHS – January 25, 2017 • Late Night Ride A Long with HPBD – January 20, 2017 (Commissioner Rice) • Review of Planning Commission documents, meetings & reports related to topic • Joint Committee meeting with City Council Subcommittee on Downtown Safety – April 2017 • Attendance at Downtown Safety Committee meetings (April 20, 2017 and May 3, 2017) • Individual Meetings with each Department head to review additional information requests with Police, Fire, Code Enforcement, Community Development (May 2 – May 15, 2017) Findings: Small additions to existing process, in combination with improved communication and follow through will yield an increased level of detail to Commission, and provide the basis by which to better understand downtown environment and activity at alcohol establishments represented in reports in relation to the following conditions outlined below by municipal code: MUNI CODE 17.70.010 D. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; E. That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; F. That the circumstances under which the permit was granted have been changed by the owner or operator to such a degree that one or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or G. That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety and welfare merit modification of the permit. H. For a restaurant with on-sale alcoholic beverages, the business is not operating as a restaurant because the primary function of the operation is the sale or offering for sale of alcoholic beverages and not the sale or offering for sale of food. 15 Proposed recommendations to PC CUP Review Process: 1. Increase number of CUP reviews to 3x per year 2. Add information – DUI arrests – and summary of answers “Where are you coming from?” 3. Add information – include Public Intoxication arrests in Downtown – and summary of answers “Where are you coming from?” 4. Include details of Fire Department / Occupant Load checks 5. Add information - All Fire Department paramedic response/support calls for intoxication/injuries in Downtown- and summary of answers to “Where are you coming from?” 6. Add information: identify all violations that have been reported to ABC Other Requests: • Bring Alcohol Matrix up to date with current businesses and ABC information where missing. • Include all off-sale establishments (liquor stores) in Alcohol Matrix. • Create new resource/grid outlining with more detail all Alcohol CUP/licensed operations by establishment (hours, TVs, windows, floor plan, entertainment type, dance permit, DJ, Live Entertainment - definitions). • Provide overview on how Code Enforcement operates • Conduct Occupant Loads surveys routinely (by any available City enforcement personnel) and report details and results to PC. • Ensure that ABC violations are being reported bi weekly (both ways) and applicable 50/50 rules are being applied if they are in the CUP. • Chief Papa to advise on which recommendations from ABC Model House Policies be considered as part of CUP review. • Chief Papa to request all Alcohol serving establishments to put all new employees through Responsible Beverage Service (RBS) Training; require a passing grade to be employed. • Request BHS to provide Planning Commission and Chief the RBS Training test results; Include a summary of total number of employees by establishment who participated, with the update of how many of passed the final test. • Chief Papa to recommend frequency of “refresher” BHS/Responsible Beverage Training for current employees. Additional topics of discussion for Planning Commission: City Attorney to review (with full Commission) the applicability of Model House Rules to Commission purview. Discuss how to incorporate direction from City Council Downtown Subcommittee into CUP review, where applicable. Entertainment Licenses for DJ Entertainment – consider recommending an annual review Recommend all Planning Commissioners do a Late Night “Ride-a-Long” on a weekend. 16 STATE OF CALIFORNIA Department of Alcoholic Beverage Control Model House Policies A Guide to Developing Responsible Business Practices for On-Sale Licensees ABC-620-A (4/04) 17 Introduction Your business is very important. It is valuable to you, your community, and to the State's economy. You have invested your time, energy and financial resources. Your business offers a place that meets local dining and entertainment needs and provides jobs. And did you know the 72,000 liquor licenses in California make up about 7% of the State's one million businesses? Sales and excise taxes on alcoholic beverages generate over $500 million a year in State revenues! The best way to protect your valued business is through responsible business practices. Responsible business practices can help reduce your risk of criminal or ABC charges, and civil lawsuits. They also promote profitability and ensure a comfortable and safe environment for customers. You should document your responsible business practices in the form of written house policies. If you have none, each employee may have his or her own idea about what the rules are, what they mean, and when they should be applied. This pamphlet will assist you in developing your own house policies. You may want to use our "Model House Policies" or adapt them to fit your needs. In the long term, the responsible business will build a strong and loyal customer base. 2 18 Guidelines for Writing Policies • You may have any company policy that does not conflict with existing laws (for example, no discrimination). • It is always a good to obtain ideas from your managers and employees when writing new policies. They will be more supportive of policies they helped to create. • Make sure policies are clear and specific. • Provide all employees with a copy of the policies. • To ensure that employees understand their duties, have them sign an Employee Responsibility Statement (see sample on last page). Keep this in each employee's personnel file. • Reinforce policies by giving regular training to employees. • Between trainings, hold regular staff meetings. At the meetings, discuss the rules, recent problem situations, and ways to prevent future problems. • Advise employees that you will spot check their compliance with the policies. Give them a regular performance review. • Reward employees who do a good job. Provide rewards to those who engage in anti-drug events. Remember: Written policies, good communication, and a supportive environment will go a long way toward the success of your business. 3 19 To: All Employees From: Management Subject: House Policies _____________________________________________________________________________________________ Minors • It is everyone’s job to ensure patrons who are buying or drinking alcohol are at least 21 years of age. • We will request proof of age (I.D.) from any patron who appears 30 years of age or younger. To help employees do their job, managers will post the following sign in the business: "NOTICE: Our employees request I.D. from any patron who appears to be under age 30. Thank you for your cooperation." • We have the right to, and will, refuse service to any patron who cannot produce proper I.D. • We will know what a real California driver's license and I.D. card look like. • We may accept the following as proof of age: -California driver's license -California I.D. card • We may also accept the following documents as I.D., but only if we know what they look like. -Other state-issued driver's license or state-issued identification card • When selling pitchers, we will request an I.D. from each person who receives a glass. • We will use a pre-printed age chart as a quick way to figure age. The age chart, which says, "To Buy or Consume Alcohol, You Must Have Been Born on or Before [date]," will be updated daily. • We will use separate types of glassware to tell alcoholic drinks from non-alcoholic drinks. • When an underage patron moves from one station to another, servers will tell each other. • If we must refuse service, we will tell a supervisor. 4 20 Advertising, Promotions and Pricing • We will maintain an atmosphere that promotes socializing. We will provide things to do other than drinking. • Advertising materials and campaigns will not use alcohol as the main way to attract patrons. • We will not use promotions that encourage intoxication. There will be no drinking contests. We will not advertise, “Buy one drink, get one free, two for the price of one, or all you can drink.” (These are against the law.) • We will not offer free alcohol or sell them below cost. This is against the law. • We will not lower alcohol prices to promote sales. • There will be no “Happy Hour” because this promotes too much drinking. We will use food or entertainment for cocktail hour specials. For example, we will have a “Hungry Hour.” Appetizers will be free or offered for a low admission price. This brings in patrons and holds down intoxication. • We will not promote drink specials to certain groups of people. For example, “Ladies’ Night.” (This is against the law.) • When we promote a special cocktail, wine or beer, we will offer a comparable non-alcoholic drink. If we promote or list alcohol on a menu or display, we will promote a non-alcoholic drink also. • We will promote food and other non-alcoholic items using table tents. • If we offer free appetizers or snacks, we will offer them to any patron, whether or not the patron buys alcohol. Drink Service • Management and supervisors will support servers’ decisions to stop service to any patron. If they don't, the server might not act so responsibly in the future. • We will discourage intoxication and not serve any person who looks or acts intoxicated, even if they are taking a taxi or have a “designated driver.” This includes employees and regular patrons who may “always act that way.” • When a patron has been “cut off” in one person’s station, that person will tell other employees. • Responsible service techniques may reduce a server's tips. Therefore, we guarantee the tip to any server who stops service to an obviously intoxicated patron. 5 21 • Drinking alcohol during your shift, after your shift, or at closing time is not allowed. Drinking on the job impairs your ability to perform your duties. You are more likely to make mistakes in judgment such as serving underage or obviously intoxicated patrons. Drinking on the job can cause other employees to assume some of your duties without getting paid for the extra work. This can create bad morale. Also, it is harder for you to tell a patron they are "cut off" when you have been drinking along with that person. • We will not assume a patron wants alcohol. Instead of saying, "May I bring you a cocktail?" say, "May I bring you a beverage?" • We will promote “alternative beverages.” This is any beverage that can take the place of alcohol. The purpose is for pacing drinking, slowing intoxication, preparing to drive, or offering a beverage choice besides alcohol. Examples are: coffee, juices, mineral water, flavored waters, seltzer, non-alcoholic or low-alcohol beers, wines, and mixed drinks. • We will provide and promote “mocktail” non-alcoholic drinks that are similar to popular cocktails. • We will know who is getting each drink. We will not bring a drink for anyone who is not present. • We will count drinks. • We will use measured shots, rather than free pouring to ensure against overpouring. (Shots will be one ounce, rather than 1-1/2 or 2 ounces.) • We will not sell more than one drink to a patron at one time. • We will not sell pitchers to individual patrons. • We will not bring a second drink before the patron has finished the first one. • We will discourage the buying of rounds. • We will not push drinks. • We will slow down service if the patron is ordering or drinking rapidly. We will visit the table less often and avoid the table until all patrons have finished their drinks. • At closing time, we will announce, "It's closing time. We will pick up all drinks in ___ minutes." We will not announce “last call” because this encourages patrons to gulp drinks before driving. We do not believe in “one more for the road.” • Bartenders will follow our standard drink recipes. 6 22 Safe Rides • If a patron is too impaired to drive safely, we will persuade the person not to drive, and arrange for a safe ride. If the patron refuses, employees should advise a supervisor. The supervisor will call the police or sheriff with a description and the license plate number of the car. • We will post a list of taxi phone numbers at each bar, hostess station, and pay phone. • We will use the "Designated Driver" Program. The server will ask groups of three or more who the Designated Driver will be. The Designated Driver may receive free non-alcoholic drinks and/or food such as an appetizer or dessert. If the server sees the Designated Driver drinking alcohol, the Designated Driver must pay for all drinks and food he has consumed. “Designated Driver” does not mean that employees may overserve others in the group. Staff Training • All staff will be trained in responsible beverage service. • All staff will be continually updated by management (meetings, memos, etc.). • We will provide extra training for employees who need practice in serving alcohol. Food • We will promote food during the late afternoon and evening hours. Appetizers will be available in the bar until closing time. We will offer high-protein or fatty foods such as meats and cheeses, which slow the absorption of alcohol. We will avoid salty, crunchy items because they cause patrons to drink more. • We will provide rewards to servers for increased food sales. • Servers will be rewarded for total sales, including non-alcoholic products. • We will promote non-alcoholic drinks with table tents. Crowd Control and Security • We will allow free access to all law enforcement officers. This includes ABC investigators, police, and sheriff. (All of whom may be wearing uniforms or plainclothes.) • Overcrowding will not be allowed for several reasons. First, it makes us less able to watch our patrons. This can result in sales to minors and drunk patrons, fights, 7 23 injury, and property damage. Second, patrons may not be able to exit the building during a fire or other crisis. Third, too many patrons means more mistakes, poorer service, and smaller tips. • We will limit our patrons to the Fire Department's legal limit. During busy times, door people will track the number of people coming in and out of the business. • We will have enough employees on duty. This will help us watch beverage sales and patrons. We will advise management when more staff is needed. • We will keep patrons from crowding around the bar. We will make sure patrons are able to move freely in hallways, aisles, and common areas. • To encourage socializing, we will provide table seating for groups of different sizes, games, and other non-drinking fun. We will keep the lighting from getting too dim and the music from getting too loud. Floor managers will have instant control over all lights, music, audio, and cooling. • Patrons are guests in our business. We will not permit loud, unpleasant, or obnoxious behavior. • We will not tolerate fighting among patrons. Security or management will ask anyone who is fighting to leave. If needed, security or management will call the police or sheriff for help. We will permanently refuse to admit any chronic problem patron. • We will record any serious problem (such as fights, injuries, or vandalism) in our Incident Log for future reference. • Security will monitor outside adjacent property to prevent loitering, drinking, illicit drug activity, etc. • We will maintain a close working relationship with the police or sheriff. Drug-Free Workplace • We will not tolerate illicit drug use or sales by patrons or employees. • It is a violation of company policy to possess, sell, trade, or offer illegal drugs for sale or engage in the illegal use of drugs on the job. • It is a violation of company policy to use or be under the influence of illegal drugs or alcohol at anytime while on or using company property, conducting company business or otherwise representing the company. • Violations of this policy are subject to (letter of reprimand/suspension from work without pay/dismissal). 8 24 Some Good Resources for a Drug-Free Workplace: • ONTRACK At Work: 1-888-900-4288; Free help for small businesses in the State of California. Includes help for policy development, management/supervisory training, and employee awareness information. Funded by the California Department of Alcohol & Drug Programs. www.ontrackatwork.com • U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance: (202) 366-3784. • Employee Assistance Professionals Association, Inc.: (703) 522-6272. Provides contact information for local employee assistance professionals. • Workplace Helpline: 1-800-WORKPLACE. Provides individualized technical assistance to businesses and unions in the development of workplace substance abuse programs. • Substance Abuse Program Administrators Association: 1-800-672-7229. Represents professional administrators of workplace drug and alcohol programs. 9 25 Employee Responsibility Statement Employee: Read and Sign I understand that our business is dedicated to the safe and responsible sale and service of alcohol. I will not knowingly serve alcohol to an underage or obviously intoxicated person. I will report any signs of illegal drug activity to management. I have read and understand our policies. I understand that if I follow these policies, management will fully support my decisions. I also recognize that my failure to follow these policies may result in job probation, suspension, loss of hours, or termination from this employment. ________________________________________ ________________ Employee Signature Date 10 26 State of California Department of Alcoholic Beverage Control INCIDENT LOG Instructions: Complete an Incident Log for each patron involved.INCIDENT DATE INCIDENT TIME If you see a drunk driver, call 1-800-TELL-CHP PATRON INFORMATION 1. PATRON'S NAME (First, middle, last)PATRON'S PHONE NUMBER ADDRESS (Street number and name, city, state, zip code)PATRON'S EMPLOYER 2. PATRON WAS INJURED IF YES, ON WHAT PART OF BODY MEDICAL ATTENTION WAS GIVEN HOSPITALIZATION REQUIRED YES NO YES NO YES NO 3. PATRON WAS A MINOR IDENTIFICATION WAS CHECKED DESCRIPTION OF IDENTIFICATION SHOWN YES NO YES NO 4. WHERE WAS PATRON BEFORE YOUR PLACE 5. HOW DID PATRON CONTRIBUTE TO HIS/HER INJURY EMPLOYEE INFORMATION 6. EMPLOYEE'S NAME (First, middle, last)EMPLOYEE'S PHONE NUMBER ADDRESS (Street number and name, city, state, zip code) 7. EMPLOYEE'S NAME (First, middle, last)EMPLOYEE'S PHONE NUMBER ADDRESS (Street number and name, city, state, zip code) INCIDENT INFORMATION 8. ALCOHOLIC BEVERAGE RELATED INCIDENT 9. DRINK(S) SERVED(Number and type) YES NO 10. POLICE WERE NOTIFIED IF YES, BY WHOM WHAT POLICE AGENCY DATE OF CALL TIME OF CALL YES NO 11. HOW WAS INCIDENT BROUGHT TO YOUR ATTENTION 12. DESCRIBE INCIDENT (Including action you took to prevent or control the incident) Continued on reverse WITNESS INFORMATION 13. WITNESS' NAME(First, middle, last)WITNESS' PHONE NUMBER ADDRESS (Street number and name, city, state, zip code)WITNESS' EMPLOYER 14. WITNESS' NAME(First, middle, last)WITNESS' PHONE NUMBER ADDRESS (Street number and name, city, state, zip code)WITNESS' EMPLOYER 15. SIGNATURE OF PERSON MAKING REPORT PERSON'S TITLE REPORT DATE X ABC-607 (11/00) Illustration No. 1 27 ABC-607 (11/00) Illustration No. 1 28 ABC-608 (5/04) 1Department of Alcoholic Beverage Control QUICK SUMMARY OF SELECTED LAWS FOR RETAIL LICENSEES State of California Introduction This pamphlet explains, in simple terms, some State laws and rules that retail licensees must follow. There are other State and local laws not listed here. When in doubt, call your local ABC office. You can also buy the entire set of ABC laws and rules from your local ABC office for $11.50 plus tax. ABC Penalties. ABC decides penalties for licensees on a case-by-case basis. ABC gives consideration to the type of violation, the licensee's past record, and the facts of each case. ABC penalties may be probation, suspension of the ABC license, a fine of $750-$6,000, or revocation of the ABC license. Definitions. “B&P” means the Business and Professions Code. “CCR” means the California Code of Regulations. “PC” means the Penal Code. “H&S” means the Health and Safety Code. The term “licensee” as used here, means licensees, their agents, and employees. “Alcohol” means an alcoholic beverage. “On-sale” means bars, restaurants, taverns, clubs, hotels, motels, etc. “Off-sale” means liquor stores, grocery stores, convenience stores, etc. “Minor” means person under age 21. Subject Possible Penalties 1. After Hours Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Sec. 25631 B&P) Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m.). (Sec. 25632 B&P) Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked “Conditional.” (23800-23805 B&P) Criminal: For the licensee or employee who sells or permits consumption after hours and for the patron who knowingly purchases after hours, the penalty is a maximum $1,000 fine and/or six months in county jail. (Sec. 25617 B&P) ABC: Decided on a case-by-case basis 2. Attire and Conduct On-sale licensees may not permit these acts: “(1) To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. (2) To employ or use the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in paragraph (1) above. (3) To encourage or permit any person on the licensed premises to touch, caress, or fondle the breasts, buttocks, anus or genitals of any other person. (4) To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.” (Rule 143.2 CCR. Also violates Sec. 311.6 PC if conduct is “obscene;” e.g., intercourse, sodomy, masturbation, etc.) Criminal: Violation of Rule 143.2 CCR carries no criminal penalty. For violation of Sec. 311.6 PC, the penalty is a maximum six months in county jail and/or a maximum $1,000 fine. (Sec. 19 PC) ABC: Decided on a case-by-case basis 29 ABC-608 (5/04) 23. Authority of Peace Officers/Refusing Inspection Police officers, sheriffs’ deputies, and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Secs. 25616, 25753, and 25755 B&P; 148 and 241(b) PC) Criminal: For refusing to permit an inspection, the penalty is a $100-$1,000 fine and/or one to six months in county jail. (Sec. 25616 B&P) For resisting, delaying, or obstructing a peace officer, the penalty is a maximum $1,000 fine and/or maximum one year in county jail. (Sec. 148(a) PC) For assaulting a peace officer, the penalty is a maximum $2,000 fine and/or a maximum one year in county jail. (Sec. 241(b) PC) ABC: Decided on a case-by-case basis 4. Beer Keg Registration Licensees selling keg beer (six gallon capacity or larger): (a) Must tag all kegs and have the customer sign a receipt; (b) Must retain the receipts on the premises for six months and make them available to peace officers; (c) May not return any deposit upon the return of any keg that does not have an identification tag. It is against the law for a customer to: (a) Possess a keg containing beer knowing that the keg does not have an identification tag; or (b) Provide false information to the licensee. (Section 25659.5 B&P) Criminal: The penalty is a maximum $1,000 fine and/or six months in county jail for (1) the licensee, (2) the person who possesses the unidentified keg; and (3) the customer who provides false information to the licensee. (Sec. 25617 B&P). ABC: Decided on a case-by-case basis 5. Clerk’s Affidavit; Posting of Sign Any person selling alcohol at an off-sale premises must sign a statement that he or she understands basic ABC laws and must disclose any ABC law convictions. The licensee must post signs in the store that warn customers. (See Form ABC-299 for wording.) (Sec. 25658.4 B&P) Criminal: None ABC: Decided on a case-by-case basis 6. Concurrent Sales of Alcohol and Gasoline Licensees who sell both gasoline and alcohol must abide by the following conditions: 1. No beer or wine within five feet of the cash register or front door (unless in a permanently affixed cooler since 1/1/88); 2. No alcohol advertisements at the fuel islands; 3. No alcohol sales from a drive-in window; 4. No alcohol sales from an ice tub; 5. No self-illuminated beer or wine advertisements on buildings or windows; and 6. Cashiers selling beer or wine between 10:00 p.m. and 2:00 a.m. must be at least age 21. (Section 23790.5(d) B&P) Criminal: None ABC: Decided on a case-by-case basis 7. Conditional Licenses Some ABC licenses have special restrictions (conditions) limiting the hours of alcohol sales, type of entertainment, etc. Licensees must keep a copy of any conditions on the premises, abide by them, and show them to any peace officer upon request. (Secs. 23800-23805 B&P) Criminal: None ABC: Decided on a case-by-case basis 8. Contaminated Beverages Licensees and their employees may not sell, furnish or give away alcoholic beverages containing any deleterious or poisonous substance. (Sec. 347(b) PC) Licensees may not allow open bottles of alcoholic beverages to become contaminated with insects or other foreign matter. (Secs. 25620, 25623 and 25634 H&S) Criminal: For the licensee or employee who violates the penal code, the penalty is a fine up to $2,000 and/or up to one year in county jail. (Sec. 347(b) PC) ABC: Decided on a case-by-case basis 30 ABC-608 (5/04) 39. Discrimination A licensee, other than certain exempt club licensees, who refuses to provide full and equal accomodations, facilities, privileges, or services in the licensed premises by reason of one’s sex, color, race, religion, ancestry, etc., may be subject to disciplinary action. There may be no discrimination as to the price of drinks based on race, religion, sex, marital status, membership or non-membership in an organization, or on any other conditions which would result in discrimination against the general public. (Sec. 51 Civil Code and Sec. 125.6 B&P) Criminal: None ABC: Decided on a case-by-case basis 10. Disorderly Conduct Licensees may not permit these acts in or about their licensed premises: (a) Lewd conduct in public (b) Prostitution (c) Accosting others for the purpose of begging (d) Loitering in or about public toilets for a lewd or lascivious purpose (e) Loitering without apparent reason and refusing to identify oneself upon the request of any peace officer (f) Being under the influence of alcohol and/or drugs in public and unable to exercise care for one’s own safety or the safety of others. (647 PC) Criminal: For the person committing the illegal act, the penalty is a maximum six months in county jail and/or a maximum $1,000 fine. (Sec. 19 PC) ABC: Decided on a case-by-case basis 11. Disorderly House Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on- or off-sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. (Sec. 25601 B&P; 316 PC) Criminal: The penalty is a maximum $1,000 fine and/or six months in county jail. (Sec. 25617 B&P) ABC: Decided on a case-by-case basis 12. Drink Solicitation On-sale licensees may not: (a) Employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic (b) Pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited (c) Permit any person, whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink (Secs. 24200.5(b) and 25657(a)(b) B&P; Rule 143 CCR; Sec. 303(a) PC) Criminal: For the licensee, the penalty is a maximum $1,000 fine and/or six months in county jail. (Sec. 25617 B&P) For the drink solicitor, the penalty is a maximum $1,000 fine and/or six months in county jail unless specific penalty. (Sec. 303(a) PC) ABC: Decided on a case-by-case basis 13. Drug Paraphernalia Licensees may not sell any product knowing, or under circumstances where one reasonably should know, that the customer intends to use the product for illegal drug purposes. This includes, but is not limited to, scales and balances, diluents and adulterants, balloons, envelopes, containers, pipes, screens, syringes, needles, scouring pads, blow torches, or cigarette papers. (Secs. 11014.5, 11364.5, and 11364.7(a) H&S) The law presumes that a licensee, or his/her agent(s), knows that an item is drug paraphernalia if ABC or any other state or local law enforcement agency notifies the licensee in writing that a thing (e.g., a glass vial, pipe screen, wiry sponge or scouring pad, roach clips, etc.) is commonly sold or marketed as drug paraphernalia. (See also Form ABC-546-A, Notice to Licensees Concerning Drug Paraphernalia Under Section 24200.6 Business and Professions Code) (Sec. 24200.6 B&P) Criminal: The penalty is a maximum six months in county jail and/or a maximum $1,000 fine. (Sec. 19 PC) ABC: Decided on a case-by-case basis 31 ABC-608 (5/04) 414. Entertainers and Conduct On-sale licensees who offer entertainment must abide by the following rules: “(1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus.” (Rule 143.3 CCR. Also violates Sec. 311.6 PC if conduct is “obscene;” e.g., intercourse, sodomy, masturbation, etc.) Criminal: Violation of Rule 143.3 CCR carries no criminal penalty. For a violation of Sec. 311.6 PC, the penalty is a maximum six months in county jail and/or a maximum $1,000 fine. (Sec. 19 PC) ABC: Decided on a case-by-case basis 15. False I.D. (Possession or Use of) Minors may not possess or use identification that is altered, borrowed, stolen, counterfeit, or fraudulently obtained using false birth documents. (Sec. 25661 B&P) Criminal: For the minor, the penalty is a minimum $250 fine and/or 24-32 hours of community service. Second offense is a maximum $500 fine and/or 36-48 hours community service. (Sec. 25661 B&P) ABC: Not applicable 16. Food Requirements Type 41, 47, and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: Breakfast 6:00 a.m. - 9:00 a.m lunch 11:00 a.m. - 2:00 p.m.; and dinner 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. “Meals” means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. “Prepared” means any processing preliminary to the final serving of food. (Note: Some licensees have a “conditional” license that requires food sales to be 50% or more of the total gross sales.) (Secs. 23038 and 23787 B&P) Criminal: None ABC: Decided on a case-by-case basis 32 ABC-608 (5/04) 517. Harmful Matter Licensees may not rent, sell, give, or show harmful matter to persons under age 18. Harmful matter includes, but is not limited to, a book, magazine, newspaper, or video tape that “. . . depicts or describes in a patently offensive way sexual conduct and . . . lacks serious literary, artistic, political, or scientific value for minors.” If licensees sell harmful matter, they must use reasonable care in ascertaining the true age of a minor. If licensees sell or rent videos of harmful matter, they must create an area within their licensed premises for the placement of the videos and advertising material and label it, “Adults Only.” Minors must not be able to readily access the videos or view the video box covers. If licensees sell books or magazines of harmful matter, they should contact their local police or sheriff's department about any local ordinances that may apply. Some cities and counties require licensees to place “blinder racks” in front of such material so that the lower two-thirds of the material is not exposed to view. (Secs. 313 and 313.1 PC and Sec. 25612.5(c)(9) B&P) Criminal: The penalty for a first offense of selling, giving, or showing harmful matter to a juvenile is a maximum $2,000 fine and/or one year in county jail. The penalty for a second offense is State prison. Failure to create and label the “adults only” area is an infraction punishable by a maximum $100 fine. (Sec. 313.4 PC and Sec. 25612.5(c)(9) B&P) ABC: Decided on a case-by-case basis 18. Law Enforcement Problem Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premises includes the parking lot. (Sec. 24200(a) B&P) Criminal: None ABC: Decided on a case-by-case basis 19. Minors (Attempt to Purchase by) Minors may not even try to buy alcohol. (Sec. 25658.5 B&P) Criminal: For the minor, the penalty is a maximum $100 fine and/or 24-32 hours community service. For the second offense, the penalty for the minor is a maximum $250 fine and/or 36-48 hours of community service. (Sec. 25658.5 B&P) ABC: Not applicable 20. Minors (Employment of) On-Sale Licensed Premises. Licensees may not employ minors on the portion of any premises which is primarily designed and used for the sale and service of alcohol for consumption on the premises. (Secs. 25663(a) and 25667 B&P) Exception: Minor musicians (see #14) Restaurants: In a bona fide public eating place, persons age 18 or older may serve alcohol in an area primarily designed and used for the sale and service of food for consumption on the premises as an incidental part of their overall duties. Bartenders and cocktail waitresses must be 21. Concession Stands: A person who is at least 18 but not yet 21 may serve alcohol, as an incidental part of his or her duties, at a fixed concession stand that sells food products, soft drinks, and alcohol. Pizza Parlors: A person under age 21 may not serve alcohol while working behind a fixed counter where only soft drinks, alcohol, and other beverages are dispensed and food items are served at another counter within the premises. Off-Sale Licensed Premises. Persons age 18 and older may sell alcohol unsupervised. Persons age 17 and younger may sell alcohol if under the continuous supervision of a person age 21 or older. (Sec. 25663(b) B&P) Criminal: For the licensee, the penalty is a maximum $1,000 fine and/or six months in county jail. No penalty for the minor employee. (Sec. 25617 B&P) ABC: Decided on a case-by-case basis 33 ABC-608 (5/04) 621. Minors (Entering and Remaining in Bars/Taverns) Licensees may not permit minors to enter and remain in any bar or tavern (license Types 42, 48, and 61), even during hours when the premises is closed. Both the licensee and the minor may be cited. Exception: Minors may enter and remain at any time for lawful business. For example, delivery and repair persons. (Sec. 25665 B&P) Criminal: For the minor, the penalty is a minimum $200 fine; a maximum $1,000 and/or six months in county jail. For the licensee, the penalty is a maximum $1,000 fine and/or six months in county jail. (Secs. 25665 and 25617 B&P) ABC: Decided on a case-by-case basis 22. Minors (Possession of Alcohol by) Minors may not possess alcohol in public. Exceptions: A minor may possess alcohol in public if (a) the minor is making a delivery for his licensed employer, or (b) a parent, guardian, or adult relative has given alcohol to a minor and asked the minor to deliver it to some other adult. A licensee may not give alcohol to a minor on the telephoned or written order of a parent. (Sec. 25662(a) B&P) Criminal: For the minor, the penalty for a first offense is a $250 fine or 24-32 hours community service. For a second offense, the penalty is a maximum $500 fine and/or 36-48 hours community service. (Section 25662(a) B&P) ABC: Not applicable 23. Minors (Purchase or Consumption by) Minors may not purchase alcohol. Minors may not consume alcohol in an on-sale licensed premises. (Sec. 25658(b) B&P) Criminal: For the minor, the penalty is a $250 fine and/or 24-32 hours of community service. For a second or subsequent offense the penalty is a maximum $500 fine and/or 36-48 hours community service. (Sec. 25658(e)(1) B&P) ABC: For a first offense, the penalty is a $750-$3,000 fine, license suspension, or probation. For a second offense within three years, the penalty is a mandatory license suspension. For a third offense within three years, the license may be revoked. (Sec. 25658.1 B&P) 24. Minors (Sales/Furnishing to) No person may sell, furnish, or give alcohol to a minor. No person may cause or permit this to occur. This includes sales to minor “decoys” used by local law enforcement agencies. (Sec. 25658(a) B&P) Criminal: For the seller, the penalty is a $250 fine and/or 24-32 hours of community service. For a second or subsequent offense the penalty is a maximum $500 fine and/or 36-48 hours community service. (Sec. 25658(e)(1) B&P) For the furnisher, the penalty is a $1,000 fine and a minimum 24 hours community service. (Sec. 25658(e)(2) B&P) If the minor consumes the beverage and thereafter causes great bodily injury or death to the minor or any other person, the person who purchases and furnishes to the minor faces 6-12 months in county jail and/or a maximum $1,000 fine. (Sec. 25658(e)(3) B&P) ABC: For a first offense, the penalty is a $750-$3,000 fine, license suspension, or probation. For a second offense within three years, the penalty is a mandatory license suspension. For a third offense within three years, the license may be revoked. 34 ABC-608 (5/04) 725. Musicians (Minors) Musicians who are at least age 18 but not yet 21 can be employed in all types of on-sale premises, only if the following conditions exist: (a) There is no topless or nude entertainment, either live or on film; (b) The area of employment is restricted for the exclusive use of musicians and entertainers; (c) No alcohol is sold, served, or consumed in the restricted entertainment area; (d) The restricted area is readily identifiable. It must be a room, a stage, or an area bounded by partitions or other barriers at least 30 inches high; (e) While performing, the musician must remain in the restricted area. At a bar or tavern (license Type 42, 48, or 61) the minor musician must remain in the restricted area at all times, except when: (a) Entering or leaving the premises, (b) Setting up equipment, (c) Visiting restrooms, (d) Resting or changing clothing in a room which is not used for sale, service, or consumption of alcohol by the public, (e) Auditioning when the place is not open for business. An entertainer is a musician if the bulk of his or her performance involves making music with an instrument or his or her voice. (Sec. 25663.5 B&P) Criminal: None ABC: Decided on a case-by-case basis 26. Narcotics and Dangerous Drugs Licensees may not knowingly permit illegal sales, negotiations, or use of narcotics or dangerous drugs on the licensed premises. (Secs. 24200.5(a) and 24200(a) B&P; various H&S) Criminal: Most drug offenses are felonies, punishable by imprisonment in State prison ABC: Decided on a case-by-case basis 27. Objectionable Conditions (Failure to Correct) Upon notice, licensees must take reasonable steps to correct objectionable, nuisance conditions on or about the licensed premises and on abutting public sidewalks up to 20 feet from the premises, within a reasonable period of time. The conditions include disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. Exception: Restaurants (license Types 41 and 47), hotels, motels, wineries, and beer manufacturers are not responsible for correcting nuisance conditions on abutting public sidewalks. (Sec. 24200[e][f][g] B&P). Criminal: The penalty is a maximum $1,000 fine and/or six months in county jail. (Sec. 25617 B&P) ABC: Decided on a case-by-case basis 28. Obviously Intoxicated Persons and Habitual Drunkards No person may sell or give alcohol to anyone who is obviously intoxicated. No person may cause or permit this to occur. A person is obviously intoxicated when the average person can plainly see that the person is intoxicated. In other words, the person looks or acts drunk. This includes regular customers who “always act that way.” It does not matter that the person is not driving. For there to be a violation of law, the prosecutor must prove that the server either saw or had the chance to see the signs of intoxication before the service. Some of the signs of intoxication are: being overly friendly, using foul language, argumentative, belligerent, slurred speech, slow, deliberate movements, swaying, drowsy, stumbling, red, watery eyes, or alcoholic breath. No person may sell or give alcohol to anyone who is a habitual drunkard (a person who has lost control over his or her drinking). No person may cause or permit this to occur. A server may discover a habitual drunkard in one of two ways: (a) A family member tells you the person has a drinking problem and asks you not to serve, or (b) the patron is a regular and unable to handle drinking on a regular basis. A licensee or server who has been warned and still serves a habitual drunkard faces possible ABC disciplinary action and criminal prosecution. (Secs. 25602(a) and 23001 B&P; 397 PC) Criminal: The penalty is a maximum $1,000 fine and/or six months in county jail. (Sec. 25617 B&P) ABC: The first offense is decided on a case-by-case basis. For a second offense within three years, the penalty is a mandatory license suspension. Civil: Lawsuit (for service to an underage, obviously intoxicated person) (Sec. 25602.1 B&P). Civil penalties are money judgments or settlements, usually against everyone (seller or server, licensee, licensee's insurer, etc.). They are determined by the court or jury during a civil lawsuit. 35 ABC-608 (5/04) 829. Off-Sale Beer and Wine License Privileges Type 20 licensees cannot sell more than 52 gallons of wine at one time or sell alcohol for resale. (Sec. 23393 B&P) Criminal: The penalty is a maximum $1,000 fine and/or six months in county jail. (Sec. 25617 B&P) ABC: Decided on a case-by-case basis 30. Off-Sale General License Privileges Type 21 licensees cannot (a) sell more than 52 gallons of wine at one time, or (b) sell alcohol for resale. Exception: Licensees may sell alcohol for resale to the holder of a Daily On-Sale General license. (Secs. 23393 and 23394 B&P) Criminal: For the violator, the penalty is a maximum $1,000 fine and/or six months in county jail. (Secs. 25351 and 25617 B&P) ABC: Decided on a case-by-case basis 31. Operating Standards, Retail The following requirements apply to stores (license Type 20 and 21), bars and taverns (license Types 40, 42, 48, and 61). These requirements do not apply to restaurants (license Types 41 and 47), convention centers, exhibit halls, auditoriums, ballparks, stadiums, coliseums, hotels, motels, a certain marine park, wineries, or beer manufacturers. 1. Post “No Loitering” signs upon written notice from the ABC; 2. Post “No Open Container” signs upon written notice from the ABC; 3. No alcohol consumption inside a store or outside a bar or tavern; 4. Illuminate the exterior of the premises, including adjacent public sidewalks and parking lots under the licensee's control, during all hours of darkness when open for business; 5. Remove litter daily from the premises, adjacent sidewalks and parking lots under licensee's control and sweep/clean these areas weekly; 6. Remove graffiti from premises and parking lot within 72 hours (3 days) of application; 7. Have no more than 33% of windows covered with advertising or signs; 8. Have incoming calls blocked at pay phones upon request of local law enforcement or ABC; and 9. Create a separate area for any video recordings of harmful matter (as defined in Penal Code Section 313). The area must be labeled “Adults Only.” Minors may not be able to readily access the videos or view the video box covers. 10. Have a copy of the operating standards available during normal business hours for viewing by the general public. (Section 25612.5(c) B&P) Criminal: The licensee only (not employees) may be cited for each violation of the operating standards. For the licensee, the penalty is a maximum $1,000 fine and/or six months in county jail. (Sec. 25617 B&P) ABC: Decided on a case-by-case basis 32. Removal of Opened Wine Bottle Restaurants (license Type 41 and 47) may allow patrons to remove a partly-consumed bottle of wine from the premises upon departure. (Customers should place any open bottles in the trunk area of their vehicle to avoid violating the Vehicle Code.) (Sec. 23396.5 B&P) Not applicable. This is a permissive section of law. 33. Retail Delivery Orders Employees cannot deliver alcohol without a delivery order. It must state the quantity, brand, proof, price, name and address of the customer, and name and address of the store. The licensee must keep the order on file for two years after delivery. (Rule 17(e) CCR) Criminal: None ABC: Decided on a case-by-base basis 34. Retail Store Qualifications Licensees may sell alcohol only in the original package for consumption off the premises. Licensees must conveniently display all alcohol. Licensees must make any alcohol deliveries from the licensed premises. Licensees may only take telephone orders for alcohol when the store is open to the general public. (Rule 27 CCR) Criminal: None ABC: Decided on a case-by-case basis 36 ABC-608 (5/04) 935. Retail-to-Retail Sales Retail licensees may not purchase alcohol for resale from another retail licensee. Licensees must purchase alcohol for resale from a non-retail licensee only. Warehouse-type discount stores are licensed retailers, and they cannot sell alcohol for resale to other retailers. For example, a retail licensed store may not sell to the bar down the street who has run out of a certain brand of liquor. It would be illegal for both the store and the bar to do so. The borrowing of alcohol between retail licensees is an illegal, retail-to-retail sale. Exception: A licensee who has three or more outlets licensed exactly the same may transfer products between that licensee’s stores. Also, type 21 licensees may sell distilled spirits for resale to the holder of a Daily On-Sale General license. (Sec. 23402 B&P) Criminal: The penalty is a maximum $1,000 fine and/or six months in county jail. (Secs. 25351 and 25617 B&P) ABC: Decided on a case-by-case basis 36. Returns by Consumers to Retailers Returns of all types of alcoholic beverages by consumers to sellers were once ruled to be illegal under both State and federal law. In 1961, the Federal Government approved the return by consumers of alcoholic beverages which were spoiled, deteriorated, contaminated, or otherwise unfit for human consumption. This approval was made on the condition that there would be a bottle-for-bottle exchange or cash refund for the unsatisfactory merchandise. It was necessary for a consumer to bring back a partially emptied bottle or a bottle which clearly showed deterioration of the product, such as sediment, to qualify for the refund. The Department adopted the federal policy that same year. Later, the Department modified its approval to the extent that other types of alcoholic beverages could he exchanged for those which were unfit for human consumption. A consumer may also make an exchange or receive a refund on an item purchased in error if the unopened container is returned to the seller. The advertising of "money-back guarantees" is specifically disapproved, however. A consumer cannot overbuy for a party and then return any of the unused alcoholic beverages. Neither can the recipient of a gift exchange it for other merchandise or be given a credit, because the recipient is not returning alcoholic beverages; if the retailer gave anything of value for the beverages, the retailer would be buying from other than a wholesaler. Sales to consumers are final except as previously set forth. The Department and federal law agree in this respect. (Sec. 25600(a)(2)) ABC: Decided on a case-by-case basis 37. Right to Refuse Service to Minors Licensees and their employees have the legal right to refuse service to anyone who cannot show adequate written evidence of age. A licensee or employee may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employee’s decision to not seize a license shall not create any civil or criminal liability. (Sec. 25659 B&P) Not applicable. This is a permissive section of law. 37 ABC-608 (5/04) 1038. Signs Bars and taverns (License Types 42, 48, and 61) must post signs reading, “No Person Under 21 Allowed.” Licensees must post one at or near each public entrance, visible from the exterior, and one inside in a prominent place. The signs must be at least 7” x 11” and have lettering at least 1” in height. (Rule 107 CCR)1 No more than 33% of the square footage of the windows and clear doors of an off-sale premises may have advertising or signs of any sort. (Sec. 25612.5(c)(7) B&P)2 Stores (license Types 20 and 21) must post one or more customer warning signs in the store (see form ABC-299 for wording). (Sec. 25658.4 B&P)2 Upon written notice from the ABC, licensees must post “No Loitering” and “No Open Container” signs. Exception: This law does not apply to restaurants (license Types 41 and 47), convention centers, exhibit halls, auditoriums, ballparks, stadiums, coliseums, hotels, motels, a certain marine park, wineries, or beer manufacturers. (Sec. 25612.5(c)(1)(2) B&P)2 Signs may not be obnoxious, gaudy, blatant, or offensive, and must not obstruct the view of the interior of the premises from the street. (Sec. 25612 B&P)2 All on- and off-sale licensees must post warning signs reading, “Warning: Drinking spirits, beer, coolers, wine, and other alcoholic beverages may increase cancer risk and, during pregnancy, can cause birth defects.” (Sec. 12601(b)(1)(D)(1) and 12601(b)(4)(E) CCR)3 1Criminal: None ABC: Decided on a case-by-case basis 2Criminal: The penalty is a maximum $1,000 fine and/or six months in county jail. (Sec. 25617 B&P) ABC: Decided on a case-by-case basis 3Criminal: None ABC: Decided on a case-by-case basis Civil: A civil lawsuit may be brought against an alcohol manufacturer or distributor by the Attorney General, a district attorney, or a private citizen. Judgments are a maximum of $2,500 per day per violation, with 25% of the sum going to the plaintiff. Civil penalties do not apply to the retail licensee. (Sec. 12601 CCR) 39. Substitution of Brands No person may substitute types or brands of alcohol without first informing the purchaser. (Sec. 25609 B&P) Criminal: For the licensee or employee, the penalty is a maximum $1,000 and/or six months in county jail. (Sec. 25617 B&P) ABC: Decided on a case-by-case basis 40. Undisclosed Ownership; Changes in Ownership The ABC license must reflect the true ownership of the licensed business. There can be no hidden owners or silent partners. Licensees must report any and all ownership changes to the ABC. (Secs. 23300 and 23355 B&P; Rule 68.5 CCR) Criminal: The penalty is a maximum $1,000 fine and/or six months in county jail. (Sec. 25617 B&P) ABC: Decided on a case-by-case basis 41. Unlawful Possession on Licensed Premises Licensees may not allow any alcohol on the premises other than what they are licensed to sell. Exception: Type 41 licensees may possess brandy, rum, or liqueurs for cooking purposes. (Section 25607(a)(b) B&P) Criminal: For the licensee, employee or patron, the penalty is a maximum $1,000 fine and/or six months in county jail. (Sec. 25617 B&P) ABC: Decided on a case-by-case basis 42. Weapons Licensees may not possess or sell certain firearms and/or weapons, including but not limited to, undetectable firearms, nunchakus, short-barreled shotguns, short-barreled rifles, metal knuckles, billy clubs, dirks, and daggers. (Sec. 12020 PC) Criminal: The penalty is imprisonment in the county jail not exceeding one year or in a State prison. (Sec. 12020(a) PC) ABC: Decided on a case-by-case basis 38 ABC-616 (01-15) Department of Alcoholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of California LICENSE TYPE D ESC R I PT I O N 01 BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer’s licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer’s licensed premises or at a bona fide eating place contiguous to the manufacturer’s licensed premises. May conduct beer tastings under specified conditions (Section 23357.3). Minors are allowed on the premises. 02 WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are allowed on the premises. 20 OFF SALE BEER & WINE - (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. 21 OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. 23 SMALL BEER MANUFACTURER - (Brew Pub or Micro-brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro-brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant. 40 ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available. Minors are allowed on the premises. 41 ON SALE BEER & WINE – EATING PLACE - (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 42 ON SALE BEER & WINE – PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 47 ON SALE GENERAL – EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 48 ON SALE GENERAL – PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 49 ON SALE GENERAL – SEASONAL - Authorizes the same privileges and restrictions as provided for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. 39 ABC-616 (01-15) LICENSE TYPE D ESC R I PT I O N 51 CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off-sale privileges. Food service is not required. Minors are allowed on the premises. 52 VETERAN’S CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guest only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises. 57 SPECIAL ON SALE GENERAL - Generally issued to certain organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises. 59 ON SALE BEER AND WINE – SEASONAL - Authorizes the same privileges as a Type 41. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. 60 ON SALE BEER – SEASONAL - Authorizes the sale of beer only for consumption on or off the premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. Wine or distilled spirits may not be on the premises. Minors are allowed on the premises. 61 ON SALE BEER – PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer only for consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors are not allowed to enter and remain (warning signs required). Food service is not required. 67 BED AND BREAKFAST INN - Authorizes the sale of wine purchased from a licensed winegrower or wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the wine shall be included in the price of the overnight transient occupancy accommodation. Removal of wine from the grounds is not permitted. Minors are allowed on the premises. 70 ON SALE GENERAL – RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the premises to the establishment’s overnight transient occupancy guests or their invitees. This license is normally issued to “suite-type” hotels and motels, which exercise the license privileges for guests’ “complimentary” happy hour. Minors are allowed on the premises. 75 ON SALE GENERAL – BREWPUB - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of beer. This license does not authorize the sale of alcoholic beverages for consumption off the premises where sold. Minors are allowed on the premises. 80 BED AND BREAKFAST INN – GENERAL - Authorizes the sale of beer, wine and distilled spirits purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation. Removal of alcoholic beverages from the grounds is not permitted. Minors are allowed on the premises. 86 INSTRUCTIONAL TASTING LICENSE–Issued to the holder of and premises of a Type 20 or Type 21 licensee, authorizes the tasting of alcoholic beverages as authorized to be sold from the off-sale premises, on a limited basis. Requires physical separation from the off-sale premises while tasting is taking place and generally requires the participation of a specifically-authorized manufacturer or wholesaler licensee. 40 ABC-616 (01-15) SPECIAL EVENTS The Department also issues licenses and authorizations for the retail sale of beer, wine and distilled spirits on a temporary basis for special events. The most common are listed below. Other less common ones are found in Business and Professions Code Section 24045.2, et seq. SPECIAL DAILY BEER AND/OR WINE LICENSE - (Form ABC-221) Authorizes the sale of beer and/or wine for consumption on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to obtain prior written approval of the local law enforcement agency. Issued to non-profit organizations. (Rule 59, California Code of Regulations) DAILY ON SALE GENERAL LICENSE - (Form ABC-221) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to obtain prior written approval of the local law enforcement agency. Issued to political parties or affiliates supporting a candidate for public office or a ballot measure or charitable, civic, fraternal or religious organizations. (Section 24045.1 and Rule 59.5 California Code of Regulations) CATERING AUTHORIZATION - (Form ABC-218) Authorizes Type 47, 48, 51, 52, 57, 75 and 78 licensees (and catering businesses that qualify under Section 24045.12) to sell beer, wine and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events. Type 47, 48 and 57 licensees may cater alcoholic beverages at any ABC-approved location in the State. Type 51 and 52 licensees may only cater alcoholic beverages at their licensed premises. All licensees wishing to cater alcoholic beverages must obtain prior written authorization from the Department for each event. At all approved events, the licensee may exercise only those privileges authorized by the licensee’s license and shall comply with all provisions of the ABC Act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for suspension or revocation of the licensee’s license or permit, or both, as though the violation occurred on the licensed premises. (Section 23399 and Rule 60.5 California Code of Regulations) EVENT AUTHORIZATION - (Form ABC-218) Authorizes Type 41, 42, 47, 48, 49, 57, 75 and 78 licensees to sell beer, wine and distilled spirits for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. This property shall be secured and controlled by the licensee and not visible to the general public. The licensee shall obtain prior approval of the local law enforcement agency. At all approved events, the licensee may exercise only those privileges authorized by the licensee’s license and shall comply with all provisions of the ABC Act pertaining to the conduct of on-sale premises (including any license conditions) and violations of those provisions may be grounds for suspension or revocation of the licensee’s license or permit, or both, as though the violation occurred on the licensed premises. (Section 23399) WINE SALES EVENT PERMIT - (Form ABC-239) Authorizes Type 02 licensees to sell bottled wine produced by the winegrower for consumption off the premises where sold and only at fairs, festivals or cultural events sponsored by designated tax exempt organizations. The licensee must notify the city and/or county where the event is being held and obtain approval from ABC for each event (Form ABC-222). The licensee must also comply with all restrictions listed in Business and Professions Code Section 23399.6. Note: 1. “Minor” means any person under 21 years of age. 2. Consult Section 25663(b) regarding age of employees in off-sale premises; consult Sections 25663(a) and 25663.5 regarding age of employees in on-sale premises. 3. In certain situations, ABC may place reasonable conditions upon a license, such as restrictions as to hours of sale, employment of designated persons, display of signs, restrictions on entertainment or dancing, etc. If a license has been conditioned, it will be endorsed as such on the face of the license. (Conditional licenses, Sections 23800-23805.) 41 ABC-616 (01-15) 4. Licensees whose license allows minors on the premises may have a “house policy” restricting minors from entering certain areas of the premises or prohibiting minors in the premises during certain hours. 5. This handout contains only abbreviated information. Contact your local ABC office for full information before doing anything which may jeopardize your license. Also available from the ABC: Quick Summary of Selected ABC Laws (form ABC-608); Alcoholic Beverage Control Act (complete laws); Rules & Regulations; and P-90 (describes privileges of non-retail licenses). 42 RBS Best Practices Guidelines: The suggestions provided below are considered best practices as based on published research conducted by experts in the field of server training. It is recommended that stated educational goals for all programs include those focusing on:  Improved public health and safety  Establishment of a higher professional standard for hospitality services  Improved business viability of responsible establishments  Increased ‘quality of life’ in the neighboring community In the development of an RBS Training curriculum, it is suggested that the following topics be included:  Laws, Policies, Rules and Regulations  Technical Information: Health, Safety and Community Impact  Server Responsibilities  Establishment Policies  Methods of Supervision of Servers or Sellers An RBS provider may choose to implement specialized programs to best fit the needs of its student base. A suggested ‘Levels of Training’ breakdown is as follows: Level One – Special Events Servers Individuals involved in direct service of alcoholic beverages for temporary or special occasion events such as fairs, festivals and other occasions where a one-day permit or temporary license is issued. (One to two hours instruction time recommended). Level Two – Professional Servers Individuals involved in direct service or sales of alcoholic beverages, including cashiers, servers, bartenders, doormen, bouncers, etc., within a licensed establishment (either on- or off-sale). The employment status of these individuals may be part-time, full-time, temporary, or permanent. (Three to four hours instruction time recommended). Level Three – Supervisors/Managers of Servers Individuals employed by licensed premises with the responsibility of supervising or managing sellers or servers of alcoholic beverages to the public. (Four hours instruction time recommended). Based on student needs and time allotment, subject matter and learning objectives will vary among different levels of training provided. Recommended topics and objectives for the suggested training levels described above are as follows: 43 ‘Level One’ topics: Law, Policies, Rules and Regulations – Temporary Permit Sanctions  Administrative liability  Criminal liability  Civil liability  State ABC laws and regulations - Sales to minors - Possession by minors - Sales to obviously intoxicated persons - Age of servers - Driving Under The Influence (DUI) laws - Hours of operation  Local Ordinance/Venue Requirements  Technical Information: Health, Safety and Community Impacts  Alcohol impaired driving  Signs and stages of intoxication  Server Responsibility  Prevention  Intervention  Age identification ‘Level One’ learning objectives: Understanding of relevant state laws and regulations in administration, criminal and civil liability; and applicable local requirements. Understanding of how these laws pertain to the alcoholic beverage server. Recognition of the potential risks of irresponsible alcoholic beverage service practices. Demonstrated knowledge of signs of intoxication. Identification of specific behaviors that would prompt the server to intervene and refuse continued service of alcoholic beverages. Ability to understand and execute policies related to proper age identification and intervention with an intoxicated or underage customer. ‘Level Two’ topics: Laws, Policies, Rules and Regulations  Administrative liability-ABC license sanctions  Criminal liability  Civil liability 44  State ABC laws and regulations - Sales to minors - Possession by minors - Sales to obviously intoxicated persons - Disorderly /disruptive premises - Retail Operation Standards-Section 25612.5 B&P Code - Age of servers - Driving Under the Influence (DUI) laws - Hours of operation  Local ordinance requirements  Technical Information: Health, Safety and Community Impacts - Alcohol impaired driving - Signs and stages of intoxication - Interaction of alcohol and drugs - Physiology and blood alcohol content - Tolerance - Insurance - Food promotion  Server Responsibility - Prevention - Intervention - Age identification - Identifying minors - Assuring guest safety - Drink size and limits - Listening - Suggestive selling techniques - Role playing ‘Level Two’ learning objectives: Understanding of relevant state laws and regulations in administration, criminal and civil liability; and local ordinance requirements. Understanding of how these laws pertain to the alcoholic beverage server. Recognition of the potential risks of irresponsible alcoholic beverage service practices. Demonstrated knowledge of signs of intoxication. Identification of specific behaviors that would prompt the server or management to intervene and refuse continued service of alcoholic beverages. Ability to understand and execute policies related to proper age identification and intervention with an intoxicated or underage customer. Demonstrated ability to recognize a false or altered identification. 45 Ability to promote food intake and other alternatives to alcohol. Demonstrated knowledge of alcohol physiology. Ability to recognize the stages of intoxication relative to the number of drinks consumed. Understanding of the basic elements of being assertive. Demonstration of a proper attitude when dealing with customers that will support responsible service policies and identify the benefits to the guest, the server and the business. Recognition of the role of gender and tolerance in shaping individual drinking behavior and perceptions about alcohol. Demonstrated knowledge of the changing drinking patterns of American adults. Understanding that hospitality is more than just serving alcohol. Demonstrated knowledge of the principles of communication. Understanding of the importance of policies and support of management in the implementation of those policies. ‘Level Three’ topics: Laws, Policies, Rules and Regulations  Administrative liability  Criminal liability  Civil liability  State ABC laws and regulations - Sales to minors - Possession by minors - Sales to obviously intoxicated persons - Disorderly/disruptive premises - Retail Operation Standards-Section 25612.5 B&P Code - Age of servers - Driving Under the Influence (DUI) laws - Hours of operation  Technical Information: Health, Safety, and Community Impacts - Alcohol impaired driving - Signs and stages of intoxication - Interaction of alcohol and drugs - Physiology and blood alcohol content - Tolerance - Insurance - Food promotion - Community involvement - Neighborhood benefits 46  Server Responsibility - Prevention - Intervention - Age identification - Identifying minors - Assuring guest safety - Drink size and limits - Listening - Suggestive selling techniques  Establishment Policies - Policies Management/Defining Policies - Importance of house policies, - Using policies to create a safe, comfortable environment. - Review current policies for relevance and accuracy - Developing policies and practices that will reinforce RBS objectives - Strategies to insure full policy implementation  Critical Policy Elements - Stopping service to a guest - Ensuring intoxicated guests travel home safely - Handling guests who arrive intoxicated - Handling potentially violent situations - Handling illegal activities - Dealing with underage customers - Properly checking identification - Refusing to sell any product knowing it to be used for drug purposes - Abide by the Retail Operating Standards - Refusing to sell high-risk beverages (fortified wines, wine coolers or 40 oz. beer containers) - Handling emergency situations  Documentation of on-sale or off-sale incidents - When service has been stopped - When alternate transportation has been arranged for a guest - When I.D. has been confiscated - When illegal or violent situation has occurred - When a guest becomes ill from over consumption - When a patron has been injured, medical attention given or hospitalized - When a theft of alcoholic beverages has occurred  Marketing and Profitability - Marketing promotions of alcoholic beverages - State and local law - Reason for limitations - Promoting responsible business practices  Methods of Supervision of Servers and Sellers - Record Keeping - Employment records, acknowledgements - Records of policy enforcement requiring dismissal - Records of training provided 47  Hiring Practices - Verify applicant is of minimum age to serve alcoholic beverages - Checking references - Complete training within specified period  Communication between staff and management  Creating Training Opportunities - Intervention techniques - Supervisory skills ‘Level Three’ learning objectives: Understanding of relevant state laws and regulations in administration, criminal and civil liability; and local ordinance requirements. Understanding of how these laws pertain to the alcoholic beverage server. Recognition of the potential risks of irresponsible alcoholic beverage service practices. Demonstrated knowledge of signs of intoxication. Identification of specific behaviors that would prompt the server or management to intervene and refuse continued service of alcoholic beverages. Ability to understand and execute policies related to proper age identification and intervention with an intoxicated or underage customer. Demonstrated ability to recognize a false or altered identification. Ability to promote food intake and other alternatives to alcohol. Demonstrated knowledge of alcohol physiology. Ability to recognize the stages of intoxication relative to the number of drinks consumed. Understanding of the basic elements of being assertive. Demonstration of a proper attitude when dealing with customers that will support responsible service policies and identify the benefits to the guest, the server and the business. Recognition of the role of gender and tolerance in shaping individual drinking behavior and perceptions about alcohol. Demonstrated knowledge of the changing drinking patterns of American adults. 48 Understanding that hospitality is more than just serving alcohol. Demonstrated knowledge of the principles of communication. Understanding of the importance of policies and support of management in the implementation of those policies. Identification of the benefits of responsible beverage service to risk management. Demonstrated knowledge of principles of RBS training. Ability to assess risks associated with current policies and existing service practices. Ability to define basic principles of responsible beverage service in at least the following areas:  Marketing and promotion  Alternative beverage promotion  Alternative transportation  Age identification Intoxication  Security  Food service Ability to identify the benefits of participation in community groups, trade association and continuing education. It is recommended that RBS providers utilize the services of experienced, well-rounded personnel with effective communication and presentation skills as instructors for their programs. Written testing of training participants is encouraged as a tool for reinforcing learning objectives and for gauging the effectiveness of training techniques and instructors. As a reminder, the above best practices guidelines for RBS programs are provided only as recommendations as determined by the RBS Advisory Board. RBS training is not required by California law, and these guidelines and curriculum recommendations are not mandated by any statute or Department regulation. 49 Behavioral Health Services, Inc. (BHS/NCADD) Responsible Beverage Service (RBS) Training Thursday, May 25, 2017 10:00 a.m. – 2:00 p.m. Hermosa Beach City Council Chambers 1315 Valley Drive, Hermosa Beach RSVP required for admittance by May 23, 2017 – Class Size Limited RBS training is FREE to all Alcohol Beverage Control (ABC) retail licensees, their managers, and employees RBS Training includes: - Instruction on checking various forms of identification; - Techniques for early identification and prevention of alcohol related problems; - How to refuse illegal service to intoxicated and/or underage patrons; - Facts about your criminal, civil, and ABC liability; - An update on California and local alcohol related laws and policies This RBS training is comparable to the LEADS training offered by the California Department of Alcohol and Beverage Control (ABC). Certificates will be provided to participants who complete the 4-hour training. To RSVP email Heather Longridge at hlongridge@bhs-inc.org or call (310) 328-1460 ~ Refreshments will be served ~ 50 1 CITY OF HERMOSA BEACH Building & Safety Division – Code Enforcement Operation Plan for Code Enforcement Prepared By: Justin Edson Code Enforcement Officer City of Hermosa Beach – Community Development – 1315 Valley Drive, Hermosa Beach, CA 90254 (310)-318-0235 51 2 Table of Contents Code Enforcement Overview……………………………………………………………………………………………3 Standard Operations Plan……..………………………………………………………………………………………..4 CUP Enforcement……..…………………………………………………………………………………………………….5 City Wide Enforcement……….………………………………………………………………………………………….6 Standard Deployment Schedule……………..………………..…………………………………………………….7 Plaza/CUP Handout for Establishments………..……………..…………………………………………………8 52 3 TO: Ken Robertson, Director FROM: Justin Edson, Code Enforcement Officer DATE: March 6, 2017 SUBJECT: Operation Plan for Code Enforcement The Code Enforcement Unit consists of two Code Enforcement Officers that work a full-time schedule and a Fire Inspector/Code Enforcement Officer that report to the Building/Code Enforcement Official. Per AB2228 the two Code Enforcement Officers are certified by the California Association of Code Enforcement Officers which requires 120 hours of training and 48 hours of continued training every three years to maintain certification. The Code Enforcement Officers and Fire Inspector have P.C. 832 Laws of Arrest training in order to issue citations for violations. Code Enforcement Officers are responsible for many aspects of the Hermosa Beach Municipal Code, California Building Code, California Health & Safety Code, and California Professions Code. Code Enforcement Officers are also trained to enforce specific California Fish and Wildlife violations on the pier. Since 2016, Code Enforcement has also been assigned to enforce the smoking prohibition in public through friendly encounters and citations. In this document I have outlined the standard operating plan that Code Enforcement Officers will refer to during normal shifts. This includes a proactive monitoring and enforcement of conditional use permits and smoking throughout the City. In addition to these items, Code Enforcement continues to follow-up with residents and businesses regarding zoning and building violations. Other tasks assigned to Code Enforcement include: investigating short-term vacation rentals, property nuisances, construction without permits, afterhours construction, sign abatement, and trash can enforcement. Code Enforcement Officers investigate complaints and respond to the reporting party in a timely manner to ensure superb customer service. Officers check their emails and voicemails during every shift. The goal of the Code Enforcement Unit is to achieve compliance through outreach and other enforcement methods. We encourage residents and businesses to stop by the Community Development Department during normal business hours or call our direct office line at 310-318-0234 to file a complaint or inquire about Code Enforcement related questions. Respectfully, Justin Edson Code Enforcement Officer City of Hermosa Beach (310) 318-0234 53 4 City of Hermosa Beach Operating Plan – Common schedule of activities Below is a typical description of a Code Enforcement shift on the weekend. This is a fluid schedule as we receive resident complaints, police radio calls, and observe violations. 1. Starting the shift a. Go “10-8” or in-service on the police radio. b. Check emails, voicemails, and mail regarding code enforcement. c. Return calls, emails, etc. d. Conduct any pre-investigation of files prior to going into the field on follow-ups. e. Begin daily field activities log. 2. Conduct follow-up of complaints and investigations throughout the City. a. May include: i. Visit location to check for violation or compliance. ii. Contact tenant and/or property owner. iii. Take photographs & gather evidence. 3. Patrol Check Pier Avenue for encroachment and sign violations. 4. Patrol Check Hermosa Avenue for encroachment and sign violations. 5. Patrol Check the plaza and pier for violations (listed on supplemental page). 6. Patrol Check establishments on Hermosa Avenue, Underground, & Abigails. 7. Patrol Check North City, including North End Bar for city-wide violations (see supplemental). 8. Patrol Check East City, including Suzy’s Bar for city-wide violations (see supplemental). 9. Patrol Check South City, including: St. Rocke, Hermosa Saloon, and Barnacles for city- wide violations (see supplemental). 10. Office – if needed to do case management and follow-up communication. 11. Dinner/lunch break. 12. Patrol Check Pier and Plaza prior to 10:00 p.m. to confirm compliance of stanchions and other plaza violations (see supplemental). 13. Patrol Check establishments on Hermosa Avenue, Underground, & Abigails. 14. Patrol Check North City, including North End Bar for city-wide violations (see supplemental). 15. Patrol Check East City, including Suzy’s Bar for city-wide violations (see supplemental). 16. Patrol Check South City, including: St. Rocke, Hermosa Saloon, and Barnacles for city- wide violations (see supplemental). 17. Patrol Check Plaza during last hour (or more) before end of shift for violations (see supplemental). 18. Ending shift a. Finish daily field activities report. b. Turn in any notice to appear citations to Watch Commander. c. Go “10-7” or out-of-service on the police radio. Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3884 54 5 City of Hermosa Beach Conditional Use Permit Enforcement Below is a list of violations Code Enforcement looks for relating to an establishments conditional use permit. Depending on severity, violations can be addressed with warnings or citations. 1. Noise – can music be heard across the plaza / excessive. 2. Live Entertainment – is it during listed allowed hours and are doors/windows closed. 3. Floorplan – Does the layout of tables and chairs match floorplans on file. 4. Occupancy – check with security on head count and do a visual inspection of patio and interior for compliance. 5. Fire exits – check to make sure exits are clear. 6. Food preparation – make sure food is being prepared at least until 1 hour prior to closing. 7. Closing – make sure establishments close by the time listed on CUP. 8. Trash – check for excess trash behind establishment. 9. Encroachment – no storage of furniture, no signs or attachments to railing, no selling of merchandise on encroachment (patio) area. 10. Exterior floorplan – Check stanchions are setup according to plan, correct number of heaters and umbrellas. Stanchions can be out earlier than 10 p.m. with Police approval. 11. Podium – check podiums for correct measurements and no merchandise on display. One umbrella allowed with podium. 12. Loitering – check that security/staff prevents groupings of people along encroachment railing. Plaza and Pier Regulations Enforced 1. No smoking in public. 2. No selling of merchandise on plaza without permit. 3. Pier Enforcement a. No smoking. b. No skateboarding, bike riding, scooters, or dogs/animals. c. 2 fishing lines per person and no overhead casting. d. Fish and Wildlife enforcement of catching excessive fish. 4. No scavenging through trash containers. 5. Vendors without permits/license. Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3884 55 6 City of Hermosa Beach City Wide Enforcement Below is a list of violations Code Enforcement looks for relating to city-wide issues. This covers the municipal code, building code, and similar codes where applicable. No order of importance. 1. Smoking in public 2. Use of leaf blower 3. Water conservation 4. Contaminating the MS4 / storm drain / runoff 5. Clean Bay Restaurant Inspections a. Plastic bag ban b. Styrofoam to-go food/drink containers 6. Short Term Rental Investigations 7. Signs on public right of way 8. A-frame sign enforcement 9. Banner and other sign violations 10. Construction work outside of permitted hours 11. Unpermitted construction / converted garages / illegal units 12. Business licensing 13. Encroachment violations (merchandise/objects blocking sidewalks) 14. Parking lot sales 15. Trash can storage 16. Graffiti abatement 17. Construction vehicles parked on street over the weekend 18. Scavengers 19. Lee Law Enforcement 20. Noise violations 21. Property nuisances 22. Special event enforcement 23. Littering / illegal dumping 24. Private property parking requirements 25. Solicitation / handbills Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3884 56 7 City of Hermosa Beach Deployment At full staffing there is a Building/Code Enforcement Official, 2 full-time Code Enforcement Officers, and a Fire Inspector/Code Enforcement Officer. Name Monday Tuesday Wednesday Thursday Friday Saturday Sunday Bob Rollins* 7am-6pm 7am-6pm 7am-6pm 7am-6pm Justin Edson** 10am-9pm 10am-9pm 10am-9pm 1pm-12am Oscar Verduzco** 7am-6pm 3pm-2am 3pm-2am 10am-9pm Jim Heenan*** 7am-6pm 7am-6pm 7am-6pm 7am-6pm *Building/Code Enforcement Official **Code Enforcement Officer ***Fire Inspector/Code Enforcement Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3884 57 8 City of Hermosa Beach Pier Plaza Reminder of Main Concerns Each business is responsible for understanding and following all provisions of their Conditional Use Permit, your individual hours of operation, and Alcohol Beverage Control (ABC) requirements. General  Close on time as listed in your Conditional Use Permit and providing food service at least 1 hour before closing.  Maintain food and alcohol records for ABC license requirement and Conditional Use Permit  Adhere to your businesses approved plans for encroachment layout including portable heaters and queue lines. No deviation unless business submits new plans. Podiums - Effective January 1, 2016  Podiums outside the encroachment cannot be larger than 48in H x 30in W x 30in D  Podiums larger than this CAN be in the encroachment area  Podiums outside the encroachment can display menus on the podium, but cannot exceed dimensions  No display or selling of merchandise from podiums  A single pole 8 feet high minimum clearance umbrella can be with the podium with no advertisements  ONLY 1 podium per location Signs/banners  Banners on building need permits (Temporary banners are good for a total of 90 days)  No banners, balloons or flags attached to encroachment area fence or awnings Queue Lines  Cannot be setup prior to 10:00 pm without HBPD Watch Commander approval  Cannot extend north to south into the plaza – Must match approved plans Cleanliness  Encroachment must be swept/cleaned daily by the end of shift  No water or chemical runoff from the property  No boxes/loose trash to the rear of the property  No selling of merchandise into or on the plaza without a permit Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3884 58 9 Noise  Live entertainment must have all doors and windows closed  If approved for live entertainment, must conclude by time specified on Conditional Use Permit  General music/noise cannot be audible over 80 feet away (staff monitor sound) Health/Safety  Fire exits must remain clear  Must not exceed occupancy loads  Security must prevent loitering and grouping around entrance (use queue lines)  Call HBPD before anything gets out of control, Police are here to help  Help the City of Hermosa Beach and advise patrons and staff about no smoking in the Plaza and parking lots. _____________________________________________________________________________ Main Code Enforcement Office Line: 310-318-0234 Justin Edson, Code Enforcement Officer C: 310-678-3865 | JEdson@HermosaBch.org Oscar Verduzco, Code Enforcement Officer O: 310-678-5540 | OVerduzco@HermosaBch.org Police Dispatch Non-Emergency 310-524-2750 Hermosa Beach Police Watch Commander 310-318-0304 For general questions about permits, construction, remodel, and signs call Community Development Monday-Thursday 7:00 am – 6:00 pm. 310-318-0235 For environmental questions regarding Styrofoam, plastic bags, and general clean bay requirements please contact Kristy Morris. 310-318-0603 | KMorris@HermosaBch.org 59 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0067 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 24, 2017 PROGRESS REPORT ON CONDITIONAL USE PERMIT (CUP) ENFORCEMENT AND UPDATE ON IMPLEMENTATION OF THE “LATE NIGHT ACTION PLAN” (Community Development Director Ken Robertson) Recommendation: Continue to review implementation of the Late Night Action Plan, and direct staff to work with the newly created Council subcommittee/task force to refine the plan and develop additional strategies and actions. Several recommended enhancements are either pending or in progress, and listed at the end of the report. Background: The Late Night Action Plan was developed in 2012 and revised in 2013 to build on ongoing efforts to reduce adverse impacts associated with late-night alcohol serving establishments and to improve the overall atmosphere on Pier Plaza and Downtown. The last progress report was provided to Council in April 2014. Attached are the earlier reports for historic context. This progress report and update are provided pursuant to the Strategic Plan Goal of a Commitment to a Safe Community and, “Late Night Action Plan: Update Reports,” is a 2016 action item, identified for an update in November 2016. “Code Enforcement” is identified as an “other priority” in the 2016 Policy Agenda. An important and related action item is “Crime Prevention through Environmental Design” - an initiative to improve the design, lighting, cleanliness and overall landscape of key areas - which has been proven elsewhere to be a significant contributor to shaping/correcting local behaviors. This will be explored further in future agenda items and budget discussions. The Strategic Plan “other priority” of Code Enforcement will be the general topic for the March 22, 2017 study session. We anticipate this to be a broader code enforcement discussion related to policy, service priorities, and actions primarily related to the Strategic Plan Goal of “More Livable, Sustainable, Beach City” and identified action items such as short term vacation rentals, smoking, construction activities, encroachments, commercial use of the beach, etc. Also, it is important to note the newly created subcommittee/task force the includes two councilmembers has already initiated meetings with the objective of evaluating and implementing additional strategies to improve the overall atmosphere and safety of Downtown with a focus on Pier Plaza Hermosa Beach Printed on 1/19/2017Page 1 of 9 powered by Legistar™60 Staff Report REPORT 17-0067 Staffing challenges within the Police Department due to retirements and temporary restricted duties due to medical conditions and injuries has been addressed by temporarily adding uniformed security guards in the downtown area on weekends. The guards are instructed to maintain high visibility in the parking lots and structure and to maintain crowd control as needed when officers are involved in enforcement activities. The added uniformed presence has reduced some of the loitering and kept people from congregating in large groups behind some of the businesses. This supplemental security presence is being evaluated to determine its value long term. The police department will include this issue as part of the budget discussion in coming months. Analysis: This analysis provides a code enforcement progress report specific to late night establishments, followed by an update on each action item identified in the Late Night Action Plan, and a list of enhancements that are pending or in progress CODE ENFORCEMENT PROGRESS REPORT In accordance with our Strategic Plan, City staff has formally established a CUP and late night enforcement team, which is a collaboration of the Police, Community Development, Fire, Public Works and City Manager Departments. This team meets regularly and has initiated enhanced, proactive code enforcement on weekends and nighttime throughout the week. Further, we have engaged and continue to meet with the local business community to advance these efforts through meetings with the Chamber of Commerce and the Hospitality Association. The City has budgeted for one and a half additional code enforcement officers in the Community Development Department for a total of two and a half (currently the temporary full-time position is unfilled). The officers, in addition to providing needed support to cover a variety of Building and Safety and Zoning enforcement issues, have been working Tuesday through Sunday nights to focus on Conditional Use Permit (CUP) compliance within the premises of various establishments, as well as exterior code compliance issues such as washing mats or placing furniture outside. The Fire Department also recently hired a Fire Inspector/Code Enforcement Officer, with daytime hours which will support code enforcement efforts. Police officers will continue their presence in the Downtown and environs, as well as conducting random checks of alcohol serving establishments which includes observing occupant loads within the establishments and contacting the Fire Department if needed. The City is also co-hosting a series of Responsible Beverage Service training classes with Behavioral Health Services, which have already been well attended by many of the Downtown on-sale servers and managers. The Police Chief reports that collaborative meetings are occurring regularly with good response from the businesses. Code Enforcement Officers also communicate directly with on-site management and their private security personnel to establish working relationships to keep all personnel educated and informed, with the goal of achieving compliance and preventing problems before they occur. The Planning Commission is continuing the practice of six-month reviews of CUPs in accordance with the City’s adopted policy for semi-annul reviews. While violations and incidents were reported in the last review, no businesses were found to have exceeded the criteria established in the policy. Hermosa Beach Printed on 1/19/2017Page 2 of 9 powered by Legistar™61 Staff Report REPORT 17-0067 The Commission recently formed a subcommittee to evaluate the effectiveness of the reviews and to evaluate whether any further reforms or improvements can be made to achieve Council’s goals. The next six-month review is scheduled for the February and March meetings. LATE NIGHT ACTION PLAN UPDATE The 23 actions items set forth in the Late Night Action Plan (established in 2013) are addressed below. The last update was provided in April 2014. Staff continues to strategically and proactively enforce codes and CUPs related to late night establishments. We also continue to work with the property owners, businesses and community members to foster a collective approach towards meeting Council goals. 1. Implement sound economic development efforts to strengthen the economy and reduce adverse late night activities.The City’s Economic Development efforts have been reassigned to the Assistant to the City Manager, who administers several other Council priorities. That said, we continue to assess, plan and implement actions to improve city/business relations and support and strengthen the economic climate. Over the past year, such efforts have included (but are not limited to): enhancing the City’s Economic Development web resources and digital marketing presence; improving customer service and business recruitment/retention efforts through the City’s ombudsman; implementing the City’s Homeless Strategy and Action Plan through various local partnerships; and supporting/facilitating key projects through improved collaboration between the City Manager’s office and Community Development department. Should the Council have renewed interest in implementing some of the recommendations in the Downtown Core Revitalization Strategy, this will also advance some of these efforts. 2. Encourage mid-day and early-evening success.In 2014, staff worked closely with the Chamber of Commerce and local business owners to develop a marketing plan in order to encourage more daytime activities in the Downtown with mixed success. Additionally, a three-month-long Pilot Parking Program was implemented which featured free limited parking during peak daytime hours throughout downtown commercial zones. Since then, the City has offered extended free holiday parking programs to encourage and facilitate downtown patronage, has supported marketing efforts of these and similar promotional campaigns, and approved phases 1 and 2 of the City’s comprehensive parking meter technology overhaul. The City’s Downtown Core Revitalization Strategy also identifies strategies to create a downtown that is people and business friendly during the daytime and early evening, extending into the later evening. One outcome of this effort has been the establishment of the Wednesday Farmers Market on Pier Plaza. 3. Create a funding plan for sustained implementation of the Late Night Establishment plan. The City has added Code Enforcement staff and modified deployment of resources to more effectively implement this plan and the financial resources to support this effort and recommended enhancements will be included in budget discussions. 4. Development of a communication plan regarding late night activities in Hermosa Beach.A broad outreach effort occurred when this plan was first launched. More recently, in 2015 and 2016, Code Enforcement distributed information directly to all downtown businesses to update them on new regulations (regarding encroachments and managing lines) and as a general reminder on CUP requirements and other long-standing rules and regulations. Hermosa Beach Printed on 1/19/2017Page 3 of 9 powered by Legistar™62 Staff Report REPORT 17-0067 On November 16, 2016 the City Manager, Police Chief and Police Management met with the Hospitality Association to discuss recent events and how the businesses can work with the City to improve the Downtown atmosphere. The Police Chief and Hospitality Association discussed how to reduce crime through environmental design and enhanced enforcement. Staff is continuing to work with the Public Information Officer to improve communications and outreach. A significant example of success with advance communication efforts was the collaborative effort to successfully manage the impacts associated with July 4th activity. Enhanced safety and security has continued over the July 4th holiday weekend for the last three years due to our partnerships and planning efforts with Downtown businesses. New initiatives such as the broader citywide smoking and plastic bag bans, , and managing encroachment ande lines on the Plaza were also launched using this approach. 5. Encourage inter-establishment coordination. Staff has continued to meet periodically with the Hospitality Association to foster communication and trust and develop solutions to issues addressed in the Late Night Action Plan, which will ensure the continued success of local establishments and improve overall safety. The City is participating and assisting in the Behavioral Health Services Responsible Beverage Service (RBS) training workshops which are promoted by the Hospitality Association. These workshops focus on health and safety practices and the obligations and responsibilities of employees serving alcohol. In 2016, 3 RBS workshops were conducted. In January Hermosa Beach hosted an RBS workshop which had 107 attendees from various businesses. There are two more RBS workshops scheduled for 2017 and more will be added if needed. 6. Encourage programs to communicate taxi or ride home programs. Staff has worked with the Hospitality Association to help them with programs to disseminate information to their patrons. Given the rise of ridesharing services such as Uber and Lyft, the City will also be considering how to incorporate ridesharing options into such programs. 7. Active involvement by City executives. The City Manager and department heads are actively involved in organizing, deploying resources effectively, implementing and monitoring progress with regard to this Action Plan. The newly established Downtown subcommittee/task force has had initial meetings which directly involve the City Attorney and management staff. This group has begun evaluating strategies for improving the downtown atmosphere, with specific focus on potential improvements during evening and late night hours. 8. Increase engagement with landlords. A letter was mailed to both business and property owners, informing them of the enhanced enforcement efforts being implemented by the City. A list of the most common code violations was provided along with a reminder of their obligations under their CUP’s.Property owners are now included in notifications or discussions with business owners when violations or problems occur. 9. Assess deployment of police resources to match call volumes.The Police Department deploys extra police officers in the Downtown area on Friday and Saturday nights, events and holidays when call volumes are at their peak. Due to staffing levels, these police officer positions are Hermosa Beach Printed on 1/19/2017Page 4 of 9 powered by Legistar™63 Staff Report REPORT 17-0067 filled on an overtime basis. The deployment mirrors the large crowds and higher call volume in the Downtown area on weekends. As soon as staffing levels allow, a dedicated downtown foot beat detail will be assigned to provide a long term coordinated approach to resolving the problems associated with the Downtown area. 10. Evaluate shift scheduling and overtime policies.Staff continues to evaluate scheduling of shifts to match call volumes and peak time. Currently overtime is used strategically to supplement staffing to cover vacancies. 11. Evaluate use of Community Service Officers (CSOs) to assist with taxi, no smoking and lewdness violations in the Plaza. On Friday and Saturday nights, one CSO is scheduled to work until 2:30am and has primary responsibilities for taxi enforcement. Taxi enforcement includes monitoring the taxi only lines for bandit cab activity, Uber, Lyft and citizen taxi zone drop locations. The CSO also enforces parking violations, and confirms that the taxi starter is on duty as required, and that an adequate number of taxis are available to meet demand. During the 2016 calendar year 1,658 taxi zone related citations were issued. Those citations represent Uber, Lyft and citizen violations. Bandit taxi stings are conducted quarterly. The CSO with taxi enforcement responsibilities may also issue citations for open containers, public urination and smoking violations. CSOs are scheduled to attend additional training in 2017 to enhance the enforcement of these types of violations. The Community Services Division will continue to work with Uber and Lyft to find safe and efficient methods to facilitate passenger drop off and pick up. A community outreach campaign was initiated in the spring of 2016 aimed at educating the City’s downtown businesses and general public about the existing smoking ban on Pier Plaza and key City- owned public spaces. In addition, Code Enforcement began aggressively enforcing the ban through warnings and citations. As a result, compliance with the smoking ban on the Plaza was increasing, with the vast majority of patrons obeying the ban and smoking in the identified legal areas. The smoking ban has now been substantially broadened, eliminating legal smoking zones and virtually all of the City’s cigarette butt receptacles. As active enforcement is only one component to ensuring consistent and long-term compliance, the City is in the process of expanding smoking signage and refreshing educational materials across various mediums. 12. Maximize partnership opportunities with other law enforcement agencies and prosecutor. The Police Department has partnered with numerous agencies including Manhattan Beach and El Segundo Police Departments via an ABC grant targeting underage drinking including decoy operations, and conducting a DUI checkpoint. The City Prosecutor continues to take an aggressive position regarding the filing and conviction of misdemeanor violations. 13. Increase proactive policing in public areas and neighborhoods.The Police Department is continuing to refine its deployment and tracking systems to ensure problem areas are identified and targeted. In 2016 the Police Department implemented the Community Oriented Check program. The purpose of the program is to encourage officers to engage in non-enforcement conversations with residents and the business community. In 2016, officers of the Police Department contacted at least one resident or business on every block in over 95% of the city. The partnership we are Hermosa Beach Printed on 1/19/2017Page 5 of 9 powered by Legistar™64 Staff Report REPORT 17-0067 continuing to foster with the residents and business community will allow us to continue to improve the overall safety in our Downtown public areas as well. 14. Enforcement activities: Continued, consistent, fair and timely CUP enforcement. Continued, consistent, fair and timely CUP enforcement is provided in the field by Code Enforcement, which we now have deployed almost every late night. As stated, an important component is continuity and adequacy of staff resources (currently there is a temporary shortage, so weeknights are not being covered). Staff is also proactively conducting staff enforcement team meetings to identify issues and solutions and ensure activity is coordinated. The Council’s adoption of the “Process for Review of On-Sale Alcoholic Beverage Conditional Use Permits” in 2011 (updated 2014)instituted a semi-annual review of CUPs and threshold-based system using an established set of criteria for identifying on-sale establishments that appear to be creating adverse impacts as a basis for possible Planning Commission review. The analysis of the data corresponding to the criteria is performed administratively by staff and includes a tally of all violations and also includes incidents that are indicative of poor management or lack of adequate security as determined by the Police Department. The policy provides a timely, equitable, and consistent and fact based system. As noted, the effectiveness of this process is being reviewed by a Planning Commission subcommittee for possible recommendations for reforms, expected this spring. 15. Conduct three to five bar checks every Friday and Saturday night. Police, CSO and Code Enforcement staff are conducting enforcement activities during early and late night hours. In 2016, the Police Department conducted 376 bar checks. Code Enforcement checks Downtown establishments and other outlying establishments several times per night on the weekends. Fire Department personnel occasionally drive through the downtown area after emergency response. If a problem is observed the Firefighters will stop and discuss security personnel about resolving problems or violations. 16. Schedule regular and frequent DUI checkpoints around perimeter of Hermosa Beach.The Police Department has partnered with the Manhattan Beach Police Department and other local agencies in conducting DUI checkpoints in our city. A checkpoint was conducted on April 30, 2016 at Artesia Blvd. just east of Pacific Coast Highway resulting in 11 DUI arrests, 1 warrant arrest and 8 misdemeanor citations. The most recent DUI checkpoint was conducted on January 14, 2017. Due to the large number of officers required to conduct a successful DUI checkpoint, we will continue to conduct them in conjunction with neighboring agencies. 17. Evaluate occupant load calculations, monitoring and enforcement.The Fire Marshal and the Building Official carefully review and approve occupant load plans, and check for compliance in the establishment before assigning the final occupant load. Occupant loads have now been issued for all on-sale establishments and signs are posted. Strict limitations on any intensification of assigned occupant loads for late night establishments have been codified as part of the code amendments relating to “Late-night alcohol beverage establishments”, Section 17.40.080(B) of the Municipal Code. Code Enforcement staff routinely checks for apparent overcrowding, as do the Police when doing bar checks. The Fire Department is notified if an establishment appears over-occupied and will be Hermosa Beach Printed on 1/19/2017Page 6 of 9 powered by Legistar™65 Staff Report REPORT 17-0067 dispatched to evaluate and conduct a count out if necessary. The establishments have become well aware of the implications of an over-crowding citation, and have improved their internal management of occupants. 18. Evaluate and modify private security plans for establishments.The Police Department has requested and received security plans from the establishments. The plans vary widely in content, scope and detail and some simply do not exist. The Police Department will work in conjunction with the Fire Department and Code Enforcement to produce an outline of a proper security plan and request the establishments modify their current plans to meet those standards or produce conforming plans if they were previously nonexistent. The Police Chief has met with the owners/managers of the restaurants/ bars and discussed their security plans. The Chief emphasized the importance of each business contacting the Police Department when an incident occurs so we can assist and keep it from escalating. 19. Undertake a comprehensive review of Downtown CUP’s (use, floor plan, hours, etc.).The Code Enforcement Officer has inspected the floor plans for all the Downtown establishments and compared them to the actual furniture set ups. The Code Enforcement Officer has copies of the CUPs and floor plans to check compliance with all aspects of the CUP, including checking the exterior for removal of furniture, washing mats outside, dumping liquids behind establishment, etc. With the addition of another Code Enforcement Officer the CSO will focus more attention related to parking and taxi enforcement and Code Enforcement Officers will focus more predominately on CUP issues. 20. Audit 50/50 and 65/35 food to alcohol ratio requirements of the Municipal Code and CUP’s for restaurants. The City has modified the Municipal Code and no longer defines or requires restaurant to have a proportion of food sales. Therefore, we also discontinued audits of restaurants with on-sale general restaurants open after 12:00 midnight that are required to report ratios to the City quarterly. Four establishments with specific requirements in their CUPs are still required to provide reporting. All on-sale restaurants are still required to keep records of their proportion of food to alcohol sales, which can then be used as part of the City’s review of an establishment if adverse impacts or problems have resulted in a review of their CUP, as set forth in Sections 17.40.080(C) and 17.70.010 (H) of the Municipal Code. 21. Explore Concept of Districts. Staff will continue to explore various forms of Business Improvement Districts (BIDs). Funds from BID assessments could be used to implement the Late Night Action Plan, security measures, or area maintenance if the stakeholders elect to include these strategies in the required BID management plan. A feasibility study would be required in order to assess which form would be successful. 22. Enforce or revise ordinance that requires downtown establishment doors and windows to be closed.Code Enforcement Officers diligently patrol to ensure that windows and doors are closed Hermosa Beach Printed on 1/19/2017Page 7 of 9 powered by Legistar™66 Staff Report REPORT 17-0067 when amplified music is played in the Downtown establishments. Violations of either provision in the CUPs or City ordinances will result in citations. 23. Regulate establishments in connection with special events.City staff ensures that any special events scheduled obtain special event approval. The Police, Fire Community Development, Public Works and Community Resources Departments work closely together to provide the proper guidance for major special events held in the City. Also, Community Development now coordinates the review and issuance of “temporary minor special events” on private commercial properties to ensure compliance with Section 17.42.150 of the Municipal Code adopted in 2013. PROPOSED ENHANCEMENTS The following enhancements are pending or in progress or require further exploration including the budget impact: 1.Review and refinement of action items and consideration of additional strategies with Council subcommittee/task force, and periodic reporting to full Council. 2.Crime Prevention Through Environmental Design (CPTED) (to be explored further in budget discussions) 3.Lighting and cleanliness improvements are in progress and pending and will be coordinated with CPTED. 4.Additional cross training of various enforcement staff is in progress. 5.Training of Fire Inspector/Code Enforcement Officer for deployment during late night hours in progress. 6.Fire Department to increase patrols of downtown during late night hours. 7.Police Department to explore further operational/enforcement opportunities with multi- jurisdictional task forces 8.Coordination with rideshare companies is in progress; explore possible designated drop-off locations. 9.Explore expanding of CSO responsibilities (without reducing parking enforcement and other responsibilities). 10.Police Department bicycle patrols, training and deployment in progress. 11.Renovation of office area in Municipal Parking Structure to serve as a downtown sub-station is pending. 12.Explore linking parking strategies being studied for PLAN Hermosa and Downtown Revitalization with objectives of Late Night Action Plan. 13.Explore enhanced reporting and tracking methods with links to location. Attachments: 1.Strategic Plan Goal 1 with Actions 2.23-Point Late Night Action Plan prior reports 2014 and 2013 Respectfully Submitted by: Ken Robertson, Community Development Director Concur: Sharon Papa, Police Chief Concur: Nico De Anda-Scaia, Assistant to the City Manager Hermosa Beach Printed on 1/19/2017Page 8 of 9 powered by Legistar™67 Staff Report REPORT 17-0067 Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: John Jalili, Interim City Manager Hermosa Beach Printed on 1/19/2017Page 9 of 9 powered by Legistar™68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Process and Standards for Review of On-Sale Alcoholic Beverage Conditional Use Permits 1) The CUP review process will consist of an “ongoing” or “rolling” administrative review process in which an established set of criteria would be evaluated semi-annually. 2) On-sale establishments with a CUP would only be referred to the Planning Commission for a CUP review, and subsequently for a modification/revocation hearing if the Commission so decided upon its review, when they exceed established standards for each criteria to trigger such a review. 3) The standards that would trigger a referral to the Planning Commission for a CUP review and potential modification/revocation hearing will be based on the frequency or number of incidents/violations within a stipulated timeframe. This type of system avoids the inherent problems of “point systems” where the standards for assigning values is potentially subjective. 4) The standards that would trigger a referral to the Planning Commission for a CUP review and potentially for a subsequent modification/revocation hearing are as indicated in Table 1 below. 5) The administrative review of CUPs should be conducted on a semi-annually (twice a year) basis. While a “rolling process” with a sliding timeframe would be more effective in making the review process truly timely (i.e., a rolling process would reduce the potential time between apparent CUP violations and the Planning Commission’s review), it would impose an unreasonable demand on City staff for the ongoing monitoring of the relevant data. 6) The standards or criteria of the CUP review system will be made readily available to all on-sale establishments with CUPs and the public via the City website and/or other appropriate media (including direct mailings) to minimize any confusion over what standards will initiate a Planning Commission review and potential modification/revocation hearing. Table 1. CUP Review Standards Standard Initiating P.C. Review Criterion (Number of incidents in any 6 months) Violation of Operating Hours 2 ABC Violations (underage serving, violation of hours, etc.) 2 Overcrowding Citation 11 Criminal Citation of Staff while Working/on Premises 2 (a) Serious Crime on Premises indicative of Lack of Adequate Security 2 (a) (Combination of any 3 or more) Violation of any CUP Condition (b) ABC Violations (underage service, violation of hours, etc.) Overcrowding Citation Criminal Citation of Staff while Working/on Premises Serious Crime on Premises indicative of Lack of Adequate Security Noise Citation Health Department Violation Outdoor Encroachment Permit Violation Building Code Violation (incl. remodeling without permit) Sign Ordinance Violation NPDES Violation (Administrative Determination) “Excessive Number” of Calls for Police Service “Excessive Number” of Public Complaints to City “Excessive Number” of Criminal Events on/adjacent to Premises NOTE: (a) – Recommended threshold number; Chief of Police retains authority to recommend CUP review to Commission at his/her discretion—regardless of number of incidents in any period of time—as stipulated in many current CUPs and the Municipal Code. (b) Non-submittal of food to alcohol sales ratio reports in a timely manner when required by a CUP is considered a violation of the CUP condition. Reporting of the food to alcohol sales ratio required by a CUP, ABC license, or the Municipal Code may be required and considered during any modification/revocation action. Adopted by City Council 1/25/2011, revised by Planning Commission 9/16/14 for interim use per Council direction 8/26/14; revised by Planning Commission 12/3/14 adding NPDES violations under Combination of any 3 or more. 84 85 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0363 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 CUP 17-1 -- Conditional Use Permit amendment to allow floor plan alterations and to modify conditions of approval for an existing restaurant with on-sale beer and wine and outdoor dining and determination that the project is categorically exempt from the California Environmental Quality Act at 170 and 190 Hermosa Avenue known as Tammie’s Corner House Café. Applicant:Jon Mesko 6300 Pacific Coast Highway Redondo Beach, CA 90277 Owner:John & Mary Holliday Trust 1602 8th Street Manhattan Beach, CA 90266 Recommended Action: Adopt the attached resolution approving the Conditional Use Permit amendment subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act. Background: City of Hermosa Beach Printed on 2/20/2024Page 1 of 8 powered by Legistar™86 Staff Report REPORT 17-0363 An application was filed on May 2, 2017 by the applicant, Jon Mesko with Mesko Restaurant Group, proposing a Conditional Use Permit (CUP) amendment at an existing restaurant establishment with on-sale beer and wine and outdoor dining at 170 and 190 Hermosa Avenue (currently Tammie’s Corner House Café; proposed Serve Kitchen) to allow floor plan alterations and to modify conditions of approval. The restaurant operates under a CUP approved by Planning Commission Resolution 88-94 (Attachment 2) allowing on-sale beer and wine in conjunction with a restaurant with outdoor dining (limited to 16 seats). Hours of operation allowed by the Conditional Use Permit are 8:00 A.M. to 10:00 P.M. weekdays and 8:00 A.M. to 11:00 P.M. weekends. Existing Conditions The approximately 1,850 square foot building currently occupied by Tammie’s is situated upon two lots (170 and 190 Hermosa Avenue). The Spot Natural Food Restaurant and three residences share both lots, but are not a part of this application. Both lots are zoned Neighborhood Commercial (C-1) in which restaurants and cafes with on-sale beer and wine are conditionally permitted uses. The 1988 plans (Attachment 3) are unclear and modifications have occurred since original Planning Commission approval. Therefore, the applicant has provided floor plans (Attachment 4) comparing the existing floor plan with the proposed floor plan for the Commission’s reference. The primary building entrance is from Hermosa Avenue, with an emergency exit at the northwest corner and two doors at the southeast of corner leading to the rear outdoor dining patio, which is currently a concrete slab on grade. There is one fixed window along the north elevation, two fixed windows along the west elevation, and French doors along the west elevation near the primary entrance. A guardrail separates the front outdoor dining patio from the sidewalk along Hermosa Avenue. The restaurant has 27 tables and 97 seats: 73 indoor seats (66 table, 7 counter) and 24 outdoor City of Hermosa Beach Printed on 2/20/2024Page 2 of 8 powered by Legistar™87 Staff Report REPORT 17-0363 seats (8 in front patio, 16 in rear patio). The kitchen/prep areas, walk-in cooler, counter seats and two small restrooms are located toward the middle of the restaurant, while the tables are located primarily along the north, west and south perimeter of the restaurant. Proposed Modifications The applicant proposes minor modifications to the building (Attachments 4 and 5). Regarding conditions of approval, the operating hours are proposed to be modified 7:00 A.M. to 11:00 P.M. daily and the applicant is requesting to expand the entire outdoor area beyond the approved 16 seats in the rear patio. Attachments 4 and 5 show proposed changes to the floor plan and building façade including: ·Replace/ relocate both restrooms with larger restrooms, one of which will be ADA accessible, to the front (west) of the restaurant. ·The new kitchen/prep area will be 23% smaller, consolidating the existing 394 square feet into 303 square feet. ·The new walk-in cooler will be 40% larger, increased from 69 square feet to 97 square feet. Note the existing operation utilizes a large chest-style deep freeze that supplements the existing walk-in cooler and is not included in this calculation. ·Maintain existing number of tables, but reduce the seats from 97 to 92, with 67 indoor (60 table, 7 counter) and 24 outdoor seats (8 in front patio, 16 in rear patio). ·Elongate seating bar counter, including one ADA accessible space, while maintaining a coffee/takeout counter and pastry display case. ·Modify seating at rear patio to be single tables for two on a new wood (Trek) deck that is at the same elevation as the interior floor. There will be no exposed edges of the deck so no guardrails are required. ·Small dining tables (by the primary entry) will be replaced with a larger community table (facing Hermosa Avenue). ·Add two new fixed windows at the north building elevation facing 2nd Street. ·Replace windows and doors along the west building elevation (front outdoor patio) with two swinging entry doors and sliding doors. ·Upgrade electrical panel. The number of occupants will be based on the occupant load allowed by the Uniform Building Code. A preliminary occupant load calculation (Attachment 4)has been prepared by the applicant and proposes an occupant load of 90 persons.A formal analysis of the occupant load will be required as conditioned in the attached proposed resolution which states that “The applicant shall submit a plan for occupant load calculation and approval prior to issuance of the Certificate of Final Occupancy.”It should be noted that approval of this CUP Amendment and associated plans cannot authorize an occupant load beyond what is authorized by the Uniform Building Code. Analysis: CEQA Compliance: The project is Categorically Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301(a), Class 1 Exemption, Existing Facilities, because the project is comprised of interior and exterior alterations involving things such as interior partitions, City of Hermosa Beach Printed on 2/20/2024Page 3 of 8 powered by Legistar™88 Staff Report REPORT 17-0363 plumbing and electrical conveyances, and does not involve an increase in square footage. Conditional Use Permit Amendment: Municipal Code Section 17.40.020 specifies criteria to be considered when evaluating a conditional use permit request. These factors are evaluated below, based on the applicant’s proposal to extend hours of operation, have additional outdoor dining within the front (west) outdoor dining area, and modify the floor plan. A.Distance from existing residential uses:Surrounding zoning is C-1 Neighborhood Commercial to the west and R-3 Multiple-Family Residential to the north, east and south. The existing restaurant is located approximately 60 feet from residential uses to the north and east and 3 feet to the residential use to the south. Existing legal nonconforming residential uses are located on the same lots, to the east, and along Palm Drive. The rear outdoor patio directly abuts the property line and is located approximately eight feet from the nearest existing legal nonconforming residence situated at the southeast portion of site. The rear and front patios are located approximately four feet from residential uses to the south of the project site. Restaurant access is from Hermosa Avenue, and there is no access at the rear (east and south) near the residences. Business operations are oriented to the west towards Hermosa Avenue with the exception of the existing 455 square foot rear outdoor dining patio. The proposal includes additional seating within the existing front (west) 154 square foot outdoor dining patio area, which is narrow (5.5 feet by 28 feet) and fronts Hermosa Avenue. There are minimal windows and on the adjacent wall of the residences located south of the proposed expansion to the front (west) outdoor dining patio. These residences have balconies fronting on Hermosa Avenue as shown in Attachment 8. To further mitigate potential noise impacts to the adjacent residences, a condition of approval is included prohibiting entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, in the outdoor patio areas. The Hermosa Beach Noise Ordinance specifies prohibited noises stating continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is plainly audible from the residential dwelling unit’s property line is prohibited (Section 8.24.040 HBMC). Businesses with existing Conditional Use Permits must comply with the City’s Noise Ordinance which applies to everyone and protects the public health, safety and welfare. The proposed operating hours are 7:00 A.M. to 11:00 P.M. daily and the applicant is requesting to expand the entire outdoor area beyond the approved 16 seats in the rear patio. Given the very small lot size and density of uses and very close proximity to residential uses, staff recommends a condition of approval requiring a later opening time of 8:00 A.M and earlier closing time of 10:00 P.M. daily for both patios to prevent noise impacts and ensure compliance with the Hermosa Beach Noise Ordinance (See also Criteria E and I). B.The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: The existing restaurant use is legally non-conforming to parking with no existing City of Hermosa Beach Printed on 2/20/2024Page 4 of 8 powered by Legistar™89 Staff Report REPORT 17-0363 parking on-site. No additional square footage is proposed, and no additional parking is proposed, so parking will not be negatively impacted. C.Location of and distance to churches, schools, hospitals and public playgrounds: There are no nearby churches, schools or hospitals, as the nearest of these sensitive receptor is approximately 770 feet (14.6 miles) from the project site. Therefore, negative impacts to these sensitive uses are not anticipated. D.The combination of uses proposed: The proposal to increase restaurant operating hours from 8:00 A.M. to 10:00 P.M. weekdays and 8:00 A.M. to 11:00 P.M. weekends to 7:00 A.M. to 11:00 P.M. daily will not increase the number of late-night alcohol beverage establishments pursuant to Section 17.40.080(B) of the Hermosa Beach Municipal Code. Late-night alcohol beverage establishments are on-sale establishments with a CUP that allows operation after 11:00 P.M., including restaurants, establishments that serve or allow alcoholic beverages as the primary use (e.g., bars), and establishments that provide live entertainment. The objective of the City’s late-night alcohol beverage establishment policy is to reduce the potential for adverse impacts associated with late-night alcohol beverage establishments after 11:00 P.M. The existing restaurant is located in the C-1 Neighborhood Commercial zone which aims to provide sites for a mix of small local businesses appropriate for, and serving the daily needs of nearby residential neighborhoods; while establishing land use regulations that prevent significant adverse effects on abutting residential uses. Surrounding commercial uses include general commercial services, snack shops, restaurants, and retail. The proposal to increase restaurant operating hours will not increase the number of late-night alcohol beverage establishments, is consistent with the surrounding uses, and the intent of the C-1 zone. E.Precautions taken by the owner or operator of the proposed establishment to assure compatibility of the use with surrounding uses:The existing restaurant operates Monday through Thursday from 7:00 A.M to 3:00 P.M. and Friday through Sunday 7:00 A.M. to 4:00 P.M. and has operated compatibly with surrounding uses for many years. The Hermosa Beach Police Department and Fire Department have expressed no concerns about the proposal. Although complaints with the existing operation have not occurred, the applicant proposes operating hours of 7:00 A.M. to 11:00 P.M. daily and requests to expand the entire outdoor area beyond the approved 16 seats in the rear patio. Therefore, although complaints have not been expressed related to the current operation, there are operation and floor plan modifications proposed and impacts cannot be weighed through an “apples-to-apples” comparison. The restaurant establishment directly abuts the property line and the rear outdoor patios is located approximately eight feet from the nearest existing legal nonconforming residence situated at the southeast portion of site. The rear and front patios are located approximately four feet from residential uses to the south of the project site. The Hermosa Beach Noise Ordinance states that continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is plainly audible from the residential dwelling unit’s property line is prohibited (Section 8.24.040 HBMC). City of Hermosa Beach Printed on 2/20/2024Page 5 of 8 powered by Legistar™90 Staff Report REPORT 17-0363 While the proposal includes additional operating hours, the applicant is agreeable to prohibiting entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified within the outdoor patio areas. F.The relationship of the proposed business-generated traffic volume and the size of streets serving the area:The proposal to increase operating hours to 11:00 P.M. on weekdays and provide additional seating within the front (west) patio, with staff’s recommendation that both patios be limited to 8:00 A.M to 10:00 P.M. daily, will not affect existing streets or impact traffic volume, as the proposed modifications will continue the existing restaurant use which has historically operated at this location, and operating times are staggered with surrounding commercial uses and the restaurant use. G.The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area:Plans submitted to the Community Development Department are limited to interior floor plan changes, patio modifications and window and door replacements and installations which are all related to the use as a restaurant with on-sale beer and wine and outdoor dining. Signage and building design/aesthetics will be reviewed administratively during the plan check process. H.The number of similar establishments or uses within close proximity to the proposed establishment:All four nearby existing on-sale alcohol establishments have Type 41 alcohol licenses which authorize the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises. One establishment is a late-night alcohol beverage establishment with outdoor dining, and three establishments close no later than 11:00 P.M. The proposal to increase operating hours will not increase the number of late-night alcohol beverage establishments and is consistent with the surrounding uses. The table below outlines nearby similar establishments within close proximity to the existing restaurant. Restaurant Name Address License Type CUP Hours of Operation Tammie’s Corner House Café 170 and 190 Hermosa Avenue Type 41 (on-sale beer and wine) 8 am to 10 pm weekdays and 8 am to 11 pm weekends The Spot 110 2nd Street Type 41 (on-sale beer and wine) 11 am to 9:30 pm weekdays and 9 am to 9:30 pm weekends (All alcohol to be consumed in the premises) Hermosa Beach Yacht Club 66 Hermosa Avenue Type 41 (on-sale beer and wine) 6 am to 2 pm daily (Late-night alcohol beverage establishment) Outdoor service 9 am to 9 pm Patio 9 am to 9 pm daily Uncle Stavros Café 201 Hermosa Avenue Type 41 (on-sale beer and wine) 9 am to 11 pm daily I.Noise, odor, dust and/or vibration that may be generated by the proposed use: A condition of City of Hermosa Beach Printed on 2/20/2024Page 6 of 8 powered by Legistar™91 Staff Report REPORT 17-0363 approval is included prohibiting televisions and other similar equipment within the outdoor patio areas. The applicant proposes to modify operating hours to 7:00 A.M. to 11:00 P.M. daily and expand the entire outdoor area beyond the approved 16 seats in the rear patio. Staff recommends approval of proposed operating hours with a condition of approval requiring a later opening time of 8:00 A.M and earlier closing time of 10:00 P.M. for both patios given proximity of residential uses. The recommended condition of approval is consistent with the hours provided in the Noise Ordinance, which was adopted in the year 2000, and specifies prohibited noises stating continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is plainly audible from the residential dwelling unit’s property line is prohibited (Section 8.24.040 HBMC). Odor, dust and/or vibration disturbances are not anticipated as modifications are limited to interior floor plan changes, patio modifications and window and door replacements and installations. Hours for outdoor dining areas require compliance with the Hermosa Beach Noise Ordinance as conditioned in the proposed resolution. J.Impact of the proposed use to the City’s infrastructure, and/or services: The existing restaurant use will be maintained, and current infrastructure is adequate. No impacts are anticipated from the proposed extension of hours or from the use of the front (west) outdoor dining area. K.Will the establishment contribute to a concentration of similar outlets in the area:The applicant's proposal to increase operating hours to 7:00 A.M. to 11:00 P.M. daily will not add to the concentration of similar outlets in the area because an alcoholic beverage establishment has already been established at this location for many years. 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:None noted. Summary: While the proposed modifications do not change the primary function of the business as a restaurant and are consistent with the City’s goal of limiting and reducing late-night alcohol beverage establishments; they do request to extend hours and expand the total outdoor activity in an area that is closely surrounded by residential uses. As such, a condition of approval is included the operation of the outdoor areas be limited to 8:00 A.M to 10:00 P.M. daily to ensure compliance with the Hermosa Beach Noise Ordinance (Section 8.24.040 HBMC). Also, the restaurant is subject to all conditions of Section 17.40.080 regarding on sale alcohol beverage establishments, and the resolution of approval includes updated standard conditions. Staff recommends approval of the attached resolution approving the conditional use permit amendment and finding the project to be exempt from the California Environmental Quality Act. Attachments: 1.Proposed Resolution City of Hermosa Beach Printed on 2/20/2024Page 7 of 8 powered by Legistar™92 Staff Report REPORT 17-0363 2.Existing PC Resolution 88-94 approving an amendment of an Existing Conditional Use Permit for the sale of beer and wine, to also allow outdoor dining, superseding PC Resolution 154-1127 3.Planning Commission approved 1988 floor plan 4.Preliminary Occupant Load Calculation and Existing Floor Plan vs Proposed Floor Plan 5.Existing and Proposed Building Elevations 6.Business Narrative 7.Site Pictures 8.Surrounding Site Pictures 9.Municipal Code Section 17.40.080 On Sale Alcohol and Beverage Establishment 10.Legal posting 11.Radius Map Respectfully Submitted by: Nicole Ellis, Assistant Planner Concur: Kim Chafin, Senior Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 8 of 8 powered by Legistar™93 Attachment 1 P.C. RESOLUTION 17-X A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FLOOR PLAN ALTERATIONS AND TO MODIFY CONDITIONS OF APPROVAL FOR AN EXISTING RESTAURANT WITH ON-SALE BEER AND WINE AND OUTDOOR DINING (CURRENTLY TAMMIE’S CORNER HOUSE CAFÉ; PROPOSED SERVE KITCHEN) AT 170 AND 190 HERMOSA AVE, CITY OF HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Jon Mesko, Mesko Restaurant Group, proposing a Conditional Use Permit amendment 17-1 at an existing restaurant establishment with outdoor dining and on-sale beer and wine at 170 and 190 Hermosa Avenue (currently Tammie’s Corner House Café; proposed Serve Kitchen) to allow floor plan alterations and to modify conditions of approval. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on June 20, 2017 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. Based on the testimony and evidence received, the Planning Commission makes the following factual findings: 1. The approximately 1,850 square foot building currently occupied by Tammie’s is situated upon two lots (170 and 190 Hermosa Avenue). 2. Both lots are zoned Neighborhood Commercial (C-1) in which restaurants and cafes with on-sale beer and wine are conditionally permitted uses. 3. Existing legal nonconforming residential uses are located on the same lots, to the east, and along Palm Drive. The rear outdoor patio is located approximately eight feet from the nearest existing legal nonconforming residence situated at the southeast portion of site. The rear and front patios are located approximately four feet from residential uses to the south of the project site. 4. The restaurant operates under a Conditional Use Permit approved by Planning Commission Resolution 88-94 allowing on-sale beer and wine in conjunction with a restaurant with outdoor dining. Hours of operation allowed by the Conditional Use Permit are 8:00 A.M. to 10:00 P.M. weekdays and 8:00 A.M. to 11:00 P.M. weekends; however, the outdoor activity is currently limited to sixteen seats. 5. The applicant proposes to allow for modifications to the floor plan while extending hours to 7:00 A.M. to 11:00 P.M daily while permitting the use of the front (west) outdoor dining area. 6. Currently there is no parking on-site and no parking is proposed. 94 Section 4. The project is Categorically Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301(a), Class 1 Exemption, Existing Facilities, because the project is comprised of interior and exterior alterations involving things such as interior partitions, plumbing and electrical conveyances, and does not involve an increase in square footage. Section 5. Based on the foregoing factual findings the Planning Commission makes the following findings that the Conditional Use Permit amendment pursuant to H.B.M.C. Section 17.44.020 and incorporation the conditions set forth in Section 17.40.080, finding 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: Surrounding zoning is C-1 Neighborhood Commercial to the west and R-3 Multiple-Family Residential to the north, east and south. The existing restaurant is located approximately 60 feet from residential uses to the north and east and 3 feet to the residential use to the south. Existing legal nonconforming residential uses are located on the same lots, to the east, and along Palm Drive. The rear outdoor patio directly abuts the property line and is located approximately eight feet from the nearest existing legal nonconforming residence situated at the southeast portion of site. The rear and front patios are located approximately four feet from residential uses to the south of the project site. Restaurant access is from Hermosa Avenue, and there is no access at the rear (east and south) near the residences. Business operations are oriented to the west towards Hermosa Avenue with the exception of the existing 455 square foot rear outdoor dining patio. The proposal includes additional seating within the existing front (west) 154 square foot outdoor dining patio area, which is narrow (5.5 feet by 28 feet) and fronts Hermosa Avenue. There are minimal windows and on the adjacent wall of the residences located south of the proposed expansion to the front (west) outdoor dining patio. These residences have balconies fronting on Hermosa Avenue. To further mitigate potential noise impacts to the adjacent residences, the project is conditioned to prohibit entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, in the outdoor patio areas. The Hermosa Beach Noise Ordinance specifies prohibited noises stating continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is plainly audible from the residential dwelling unit’s property line is prohibited (Section 8.24.040 HBMC). Businesses with existing Conditional Use Permits must comply with the City’s Noise Ordinance which applies to everyone and protects the public health, safety and welfare. The proposed operating hours are 7:00 A.M. to 11:00 P.M. daily and the applicant is requesting to expand the entire outdoor area beyond the approved 16 seats in the rear patio. Given the very small lot size and density of uses and very close proximity to residential uses, the project is conditioned with a later opening time of 8:00 A.M and earlier closing time of 10:00 P.M. 95 daily for both patios to prevent noise impacts and ensure compliance with the Hermosa Beach Noise Ordinance (See also Criteria E and I). B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: The existing restaurant use is legally non-conforming to parking with no existing parking on-site. No additional square footage is proposed, and no additional parking is proposed, so parking will not be negatively impacted. C. Location of and distance to churches, schools, hospitals and public playgrounds: There are no nearby churches, schools or hospitals, as the nearest of these sensitive receptor is approximately 770 feet (14.6 miles) from the project site. Therefore, negative impacts to these sensitive uses are not anticipated. D. The combination of uses proposed: The proposal to increase restaurant operating hours from 8:00 A.M. to 10:00 P.M. weekdays and 8:00 A.M. to 11:00 P.M. weekends to 7:00 A.M. to 11:00 P.M. daily will not increase the number of late-night alcohol beverage establishments pursuant to Section 17.40.080(B) of the Hermosa Beach Municipal Code. Late-night alcohol beverage establishments are on-sale establishments with a CUP that allows operation after 11:00 P.M., including restaurants, establishments that serve or allow alcoholic beverages as the primary use (e.g., bars), and establishments that provide live entertainment. The objective of the City’s late-night alcohol beverage establishment policy is to reduce the potential for adverse impacts associated with late-night alcohol beverage establishments after 11:00 P.M. The existing restaurant is located in the C-1 Neighborhood Commercial zone which aims to provide sites for a mix of small local businesses appropriate for, and serving the daily needs of nearby residential neighborhoods; while establishing land use regulations that prevent significant adverse effects on abutting residential uses. Surrounding commercial uses include general commercial services, snack shops, restaurants, and retail. The proposal to increase restaurant operating hours will not increase the number of late-night alcohol beverage establishments, is consistent with the surrounding uses, and the intent of the C-1 zone. E. Precautions taken by the owner or operator of the proposed establishment to assure compatibility of the use with surrounding uses: The existing restaurant operates Monday through Thursday from 7:00 A.M to 3:00 P.M. and Friday through Sunday 7:00 A.M. to 4:00 P.M. and has operated compatibly with surrounding uses for many years. The Hermosa Beach Police Department and Fire Department have expressed no concerns about the proposal. Although complaints with the existing operation have not occurred, the applicant proposes operating hours of 7:00 A.M. to 11:00 P.M. daily and requests to expand the entire outdoor area beyond the approved 16 seats in the rear patio. Therefore, although complaints have not been expressed related to the current operation, there are operation and floor plan modifications proposed and impacts cannot be weighed through an “apples-to-apples” comparison. The restaurant establishment directly abuts the property line and the rear outdoor patios is located approximately eight feet from the nearest existing legal nonconforming residence situated at the southeast portion of site. The rear and front 96 patios are located approximately four feet from residential uses to the south of the project site. The Hermosa Beach Noise Ordinance states that continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is plainly audible from the residential dwelling unit’s property line is prohibited (Section 8.24.040 HBMC). While the proposal includes additional operating hours, the applicant is agreeable to prohibiting entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified within the outdoor patio areas. F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area: The proposal to increase operating hours to 11:00 P.M. on weekdays and provide additional seating within the front (west) patio, with the project conditioned that both patios be limited to 8:00 A.M to 10:00 P.M. daily, will not affect existing streets or impact traffic volume, as the proposed modifications will continue the existing restaurant use which has historically operated at this location, and operating times are staggered with surrounding commercial uses and the restaurant use. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: Plans submitted to the Community Development Department are limited to interior floor plan changes, patio modifications and window and door replacements and installations which are all related to the use as a restaurant with on-sale beer and wine and outdoor dining. Signage and building design/aesthetics will be reviewed administratively during the plan check process. H. The number of similar establishments or uses within close proximity to the proposed establishment: All four nearby existing on-sale alcohol establishments have Type 41 alcohol licenses which authorize the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises. One establishment is a late-night alcohol beverage establishment with outdoor dining, and three establishments close no later than 11:00 P.M. The proposal to increase operating hours will not increase the number of late-night alcohol beverage establishments and is consistent with the surrounding uses. The table below outlines nearby similar establishments within close proximity to the existing restaurant. Restaurant Name Address License Type CUP Hours of Operation Tammie’s Corner House Café 170 and 190 Hermosa Avenue Type 41 (on-sale beer and wine) 8 am to 10 pm weekdays and 8 am to 11 pm weekends The Spot 110 2nd Street Type 41 (on-sale beer and wine) 11 am to 9:30 pm weekdays and 9 am to 9:30 pm weekends (All alcohol to be consumed in the premises) 97 Hermosa Beach Yacht Club 66 Hermosa Avenue Type 41 (on-sale beer and wine) 6 am to 2 pm daily (Late-night alcohol beverage establishment) Outdoor service 9 am to 9 pm Patio 9 am to 9 pm daily Uncle Stavros Café 201 Hermosa Avenue Type 41 (on-sale beer and wine) 9 am to 11 pm daily I. Noise, odor, dust and/or vibration that may be generated by the proposed use: The project is conditioned to prohibit televisions and other similar equipment within the outdoor patio areas. The applicant proposes to modify operating hours to 7:00 A.M. to 11:00 P.M. daily and expand the entire outdoor area beyond the approved 16 seats in the rear patio. Proposed operating hours are appropriate, with a later opening time of 8:00 A.M and earlier closing time of 10:00 P.M. for both patios given proximity of residential uses. The Noise Ordinance, which was adopted in the year 2000, and specifies prohibited noises states that continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is plainly audible from the residential dwelling unit’s property line is prohibited (Section 8.24.040 HBMC). Odor, dust and/or vibration disturbances are not anticipated as modifications are limited to interior floor plan changes, patio modifications and window and door replacements and installations. Hours for outdoor dining areas require compliance with the Hermosa Beach Noise Ordinance. J. Impact of the proposed use to the City’s infrastructure, and/or services: The existing restaurant use will be maintained, and current infrastructure is adequate. No impacts are anticipated from the proposed extension of hours or from the use of the front (west) outdoor dining area. K. Will the establishment contribute to a concentration of similar outlets in the area: The applicant's proposal to increase operating hours to 7:00 A.M. to 11:00 P.M. daily will not add to the concentration of similar outlets in the area because an alcoholic beverage establishment has already been established at this location for many years. 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: None noted. Section 6. Based on the foregoing, the Planning Commission hereby approves the request for Conditional Use Permit Amendment 17-1 subject to the following Conditions of Approval: 1. The use consisting of a restaurant with on-sale beer and wine and outdoor dining shall be substantially consistent with plans submitted and approved by the Planning Commission on June 20, 2017. Minor modifications to the plan shall be reviewed and may be approved by the Community Development Director. Any 98 substantial deviation must be reviewed and approved by the Planning Commission. 2. The permitted hours of operation for the interior dining areas shall not exceed 7:00 a.m. to 11:00 a.m. daily. 3. The permitted hours of operation for the outdoor dining areas shall not exceed 8:00 a.m. to 10:00 p.m. daily after which the area shall be secured and loitering shall not be permitted. a. Entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be prohibited within the outdoor dining areas. 4. A minimum 42” high railing shall be installed and maintained around the outdoor dining area. 5. The business shall be operated as a bona fide restaurant. The restaurant shall make available to customers and serve prepared food items of their choice until sixty (60) minutes prior to the close of business. 6. 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 the Council, may at its discretion require the subject business to provide: (a) a statement of the 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. The Planning Commission, or City Council, may also require an audit of the records of the business by a certified public accountant to determine the gross sales 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 results 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 restaurant maintains a minimum of fifty (50) percent of the total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant. An on-sale restaurant that does not meet these percentages has the burden of demonstrating that it operates as a restaurant, as that term is defined in the municipal code. Refusal to provide the information requested under this subsection within sixty (60) days shall be deemed prima facie evidence that the business is not operating as a restaurant. 99 7. Live entertainment (including amplified music, disc jockeys, live music whether acoustic or amplified, and live performances of all kinds) per Section 17.04.050, (“Entertainment, Live”) and customer dancing, are prohibited. 8. The provision of alcoholic beverages shall comply with the following: a. All alcoholic beverages shall be served in nondisposable drinkware. b. Signs shall be posted in a conspicuous location warning patrons of the illegality of removing alcoholic beverages from the restaurant, and carrying and consuming alcoholic beverages in any public place such as the public sidewalk or beach. 9. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 10. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the business or in the immediate area. 11. ‘No Loitering’ signs shall be posted in the parking area. 12. The Police Chief may determine that a continuing police problem exists, and may, subject to the review of the Planning Commission, direct the presence of a Police Department approved doorman and/or security personnel to eliminate the problem. If the problem persists, the Chief then shall submit a report to the Planning Commission, which will automatically initiate a review of this Conditional Use Permit by the Commission. 13. 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. 14. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 15. To reduce marine debris associated with take-out containers, the establishment shall not use take-out containers with a “No. 6” recycle code. 16. The business shall comply in all other respects with Municipal Code Chapter 8.24 (Noise Control) and noise from the premises shall not constitute a public nuisance. 17. The practice of washing and rinsing restaurant floor mats, equipment, tables, etc., or discharge of any liquids, other than stormwater, onto the public right-or way, into the parking lot drain or stormdrains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. 100 18. 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 premise in a location where employees can easily read the conditions. 19. The restaurant 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. 20. Exterior and interior water use shall comply with Chapter 8.56. 21. This approval incorporates appropriate conditions from and supersedes Planning Commission Resolution 88-94, which hereafter shall be of no further force and effect. 22. The modifications and the operation shall comply with all requirements of the Building, Fire and Public Works Departments. a. The applicant shall submit a plan for occupant load calculation and approval prior to issuance of the Certificate of Final Occupancy. 23. 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). 24. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant 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. 25. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 26. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, 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. 101 Section 7. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit Amendment shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. 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. 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 grant. 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. Section 9. 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: CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 17-X 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 June 20, 2017. ______________________________ ______________________________ Michael Flaherty, Chairman Ken Robertson, Secretary June 20, 2017_______________ Date 102 103 104 105 106 107 108 109 110 111 112 113 114 SERVE KITCHEN MESKO RESTAURANT GROUP 115 CONCEPT Mesko Restaurant Group is excited to introduce our new culinary driven concept in Hermosa Beach, California. At Serve, we will create a slow paced, beach themed atmosphere allowing our guests to relax and be served incredible culinary dishes inspired from a local chef. We plan on opening for breakfast, lunch and dinner and will cater to each crowd by updating our menu offerings accordingly. Our goal is to deliver the most exclusive wine list in Hermosa Beach and our estimated food to alcohol ratio will be more heavily weighted toward food at 75/25. Our average operating hours will be from 7am to 11pm. 116 BREAKFAST Steak and EggsFrench Toast Breakfast Sandwich Breakfast Bowl Fried Chicken Eggs Benedict 117 LUNCH Bruschetta Board Energy Salad Sliders American Sandwiches 118 DINNER Pizza Sharable Seasonal Skewers Charcuterie Board Seasonal Salads 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 Surrounding Site Pictures Front of business (west elevation) looking northeast at front patio. North side of business (north elevation) looking south between residences and The Spot. 135 Rear of project site (east elevation) looking southwest at residences from alley. Rear security gates and emergency exits located at the rear of the project site. Applicant must install “panic hardware” on the inside of the gates should there be an emergency. Proper “exit” signs will be required. 136 Municipal Code Section 17.40.080 On-sale Alcohol Beverage Establishment A. General provisions. The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required: 1. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 2. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the business or in the immediate area. 3. 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’s determination will not be stayed during the pendency of the appeal. If the problem persists, the Police Chief then shall submit a report to the Planning Commission, which will automatically initiate a review of the conditional use permit. 4. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 5. 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. 137 Legal Postings 138 139 140 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0359 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 CON 17-7, PDP 17-2, VTPM #74917 -- Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74292 for a three-unit detached condominium project at 1100 Loma Drive subject to conditions and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Applicant: White Sand Coastal Development Recommended Action: Adopt the attached resolution approving the Conditional Use Permit,Precise Development Plan,and Vesting Tentative Parcel Map No.74292 for a three-unit detached condominium project at 1100 Loma Drive subject to conditions and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Background: GENERAL PLAN:High Density Residential ZONING:Multiple Family Residential (R-3) LOT SIZE:4,664 square feet PROPOSED SQUARE FOOTAGE:Unit 1: 3,261.1 square feet Unit 2: 2,411.9 square feet Unit 3: 2,430.4 square feet PARKING REQUIRED:6 Standard/2 Guest PARKING PROVIDED:6 Standard/up to 4 Guest ENVIRONMENTAL DETERMINATION:Categorically Exempt, CEQA Section 15303(b) (Class 3 Exemption, New Construction or Conversion of Small Structures) The applicant proposes to demolish one single-family residence with a detached garage and construct three attached condominium units on a 4,664 square foot lot,located on the east side of Loma Drive, north of 11th Street, south of Pier Avenue, and west of Valley Drive. Each unit is proposed to include three stories,plus a basement level,an elevator,garage,roof deck, and balcony,with primary living space on the third floor.Unit 1 will have four bedrooms,three full baths and two half baths,while Units 2 and 3 will each have three bedrooms,three full baths and one half bath.All units will feature a federal architectural style,with brick veneer and wood panels, fiberglass columns,asphalt shingles,smooth stucco finish,and wood posts with wood railing for City of Hermosa Beach Printed on 2/20/2024Page 1 of 4 powered by Legistar™141 Staff Report REPORT 17-0359 guard rails and balconies. Analysis: A proposal to construct a condominium project requires findings for consideration of a Precise Development Plan,Conditional Use Permit and Vesting Tentative Parcel Map pursuant to Government Code Section 66474 and as set forth in Municipal Code Sections 16.08.060,17.40.020 and 17.58.030. CEQA Compliance:The project is Categorically Exempt from the California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines Section 15303(b),Class 3 Exemption,New Construction or Conversion of Small Structures,because the project is construction of limited numbers (three)of new small structures.More specifically,the project is comprised of multi-family residential structures in an urbanized area, totaling not more than six dwelling units. Basic Zoning Standards:The project complies with the requirements of the Zoning Ordinance, including the R-3 zone and design standards for condominiums in Section 17.22. CRITERIA REQUIRED PROVIDED Minimum Lot Area for 3 Units 3,960 Sq. Ft.4,664 Sq. Ft. Lot Coverage Maximum 65%60.5% Height Maximum 30’30’ Front Yard Setback Minimum 5’5’ Side Yard Setback Minimum 4.4’4.4’/4.4’ Rear Yard Setback Minimum 5’5’ Total Parking Spaces Minimum 8 spaces total 10 spaces total Garage Spaces Minimum 6 (2 per unit)6 (2 per unit) Guest Space Minimum 1 space per 2 units Unit 1: 2 Unit 2 & 3: 1 Driveway Maximum Slope 20%12.5% garage driveway / 20% shared driveway Open Space Per Unit Minimum 300 Sq. Ft. per unit Unit 1: 300.1 Sq. Ft. Unit 2: 300.2 Sq. Ft. Unit 3: 300.1 Sq. Ft. Minimum Unit Size 1,600 Sq. Ft.Unit 1: 3,252 Sq. Ft. Unit 2: 2,411.9 Sq. Ft. Unit 3: 2,430.4 Sq. Ft. Storage Area (Per Unit) Minimum 200 Cu. Ft.Unit 1: 207 Cu. Ft. Unit 2: 362 Cu. Ft. Unit 3: 204 Cu. Ft. Solid Waste Area (Per Unit)Area for 3 bins at 2.5’ by 2.5’ each Minimum 2.5’ by 2.5’ area adjacent to each garage Covenants,Conditions and Restrictions (CC&R’s)have been submitted and will be reviewed for City of Hermosa Beach Printed on 2/20/2024Page 2 of 4 powered by Legistar™142 Staff Report REPORT 17-0359 Covenants,Conditions and Restrictions (CC&R’s)have been submitted and will be reviewed for compliance with applicable sections of the zoning ordinance. Access and Parking:Each unit includes a two-car garage with Unit 1’s garage accessed from Loma Drive and the other units’garages accessed from the proposed shared driveway,also accessed from Loma Drive.Unit 1 will provide for up to two guest parking spaces,accessed from Loma Drive and Units 2 and 3 will provide one guest parking space on-site.The subject property’s curb on Loma Drive is currently red-striped, therefore there will be no loss of on-street parking spaces. Landscape and Green Measures:All plants must be water conserving as required in Hermosa Beach Water Conservation and Drought Management Ordinances.The landscape plan includes a mixture of drought tolerant plants to include Crape Myrtle,Peppermint Tree,California Wild Rose, Lady Banks’Rose,Elephants Food,and Rosemary.The proposal is to plant two,15-gallon Crape Myrtle trees in the front setback area,with trees and shrubs be installed at the rear of the property. The total amount of permeable area exceeds the permeability requirement. The project complies with Section 8.44 Hermosa Beach Stormwater and Urban Runoff Pollution Control Regulations. Additionally,the project is required to meet Title 24 standards:65%of demolition debris must be recycled,and cement used in foundation mix design must be reduced by not less than 20%,among other requirements.Hermosa Beach’s Electrical Code (Section 15.32)requires installation of conduit sized to accommodate solar energy and solar thermal systems. Compatibility with surrounding area:The subject site and surrounding properties are zoned R-3 Multiple Family Residential.Similar residential development is found in the surrounding area comprised primarily of multi-story,multi-family residences.Based on the current front yard setbacks on the east side of Loma Drive,there is not an obvious prevailing setback since there is mixture of front yard setbacks that range from zero feet to ten feet or more.The proposed layout of the buildings is similar to and consistent with residential use types in the immediate neighborhood. Open Space:All units comply with Section 17.16.080 by providing more than a minimum of 300 square feet of open space per unit.Open space for Unit 1 is provided on the third level by a 200.1 square foot balcony that faces the proposed driveway and the front of the property and a roof deck containing greater than 100 square feet.Open space for Unit 2 is provided by a 200.2 square foot third level balcony,facing south,over the proposed driveway and a roof deck containing greater than 100 square feet.Open space for Unit 3 is provided by a 200.1 square foot third level balcony,facing south, over the proposed driveway and a roof deck containing greater than 100 square feet. Subdivision Map:The applicant has applied for a Vesting Tentative Parcel Map.The 4,798 square foot lot can accommodate three units consistent with the maximum density of 1,320 square feet per unit.The lot size is consistent with prevailing lot sizes,street frontages within the same zone,and the General Plan designation for lots in the vicinity,and thus complies with Hermosa Beach ordinances and subdivision of lots. The project is conditioned upon payment of Park and Recreation Area Dedication fees per unit as there is inadequate area on-site for land dedication per City required Parks and Recreation AreaCity of Hermosa Beach Printed on 2/20/2024Page 3 of 4 powered by Legistar™143 Staff Report REPORT 17-0359 there is inadequate area on-site for land dedication per City required Parks and Recreation Area fees. Utilities are provided to the lot to serve the existing development,and capacity exists to provide public water,sewers,storm drains and utilities to serve the increased density.The submitted plans were preliminarily reviewed by the Fire Department,Public Works Department and Building Division, and no major concerns were identified. The proposed subdivision and improvements are compliant with criteria for approval of a subdivision map,and are not likely to cause serious public health problems within the proposed subdivision. Design of the proposed subdivision is compatible and consistent with applicable elements of the City’s General Plan as addressed above,and is compatible with the immediate residential environment. Summary: The project and Vesting Tentative Parcel Map as conditioned are consistent with the zoning code, subdivision laws and other relevant provisions of the Municipal Code,the site is physically suitable for the type and density of proposed development. The specific project findings for a Precise Development Plan,Conditional Use Permit and Vesting Tentative Parcel Map pursuant to the Government Code Section 66474 and Sections 16.08.060, 17.40.020 and 17.58.030 of the Municipal Code are provided in the attached resolution. Attachments: 1. Draft Resolution 2. Existing Site Photographs 3. Radius Map 4. Legal Verification 5. Applicant Submittal Respectfully Submitted by: Yalini Sivapathasundaram, Associate Planner Concur: Kim Chafin, Senior Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 4 of 4 powered by Legistar™144 1 Attachment 1 P.C. Resolution 17-X A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING VESTING TENTATIVE PARCEL MAP NO. 74917 FOR A THREE-UNIT ATTACHED CONDOMINIUM PROJECT AT 1100 LOMA DRIVE, LEGALLY DESCRIBED AS LOT 13 AND SOUTHERLY 4 FEET OF LOT 12 IN BLOCK 1 OF HISS SECOND ADDITION, CITY OF HERMOSA BEACH AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed on February 28, 2017 by the property owner/applicant, White Sand Coastal Development, for development of property located at 1100 Loma Drive, seeking approval of Conditional Use Permit 17-7, Precise Development Plan 17-2, and Vesting Tentative Parcel Map 74917 for a three-unit attached residential condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on June 20, 2017, at which time testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(b), Class 3 Exemption, New Construction or Conversion of Small Structures, because the project is construction of limited numbers (three) of new small structures. More specifically, the project is comprised of multi- family residential structures in an urbanized area, totaling not more than six dwelling units. Section 4. Based on the evidence received at the public hearing, the Planning Commission makes the following findings: 1. The applicant has filed applications for a Precise Development Plan, Conditional Use Permit and Vesting Tentative Parcel Map to demolish one single-family residence with a detached garage and develop a three-unit attached residential condominium project. 2. The subject property contains approximately 4,664 square feet, is designated High Density Residential on the General Plan Map, and R-3 Multiple Family Residential on the Zoning Map. Section 5. Based on the testimony and evidence received, the Planning Commission makes the following findings pertaining to the application for a Vesting Tentative Parcel Map 145 2 pursuant to the California Government Code Section 66474 and Sections 16.08.060 and 16.16.060 of the Municipal Code: 3. The proposal is consistent with the General Plan High Density Residential designation and R-3 zone because the project is an allowed use and has a density of less than 33 dwelling units per acre, and as conditioned complies with all standards. 4. The site is physically suitable for a three-unit attached residential condominium project with all units containing four levels. Parking for each unit is provided by a two-car garage with Unit 1 access taken directly from Loma Drive, and Units 2 and 3 accessed from a shared driveway along the south side of the property that connects to Loma Drive. Two guest parking spaces in the driveway of the garage for Unit A are provided, and Units 2 and 3 will provide one guest parking space on-site. 5. The subdivision and improvements provide for adequate drainage, sanitation and potable water, underground utilities, parking and construction requirements, and therefore are not likely to cause public health problems. The project as conditioned will provide permeable surfacing and storm water retention facilities to the maximum extent feasible per Section 8.44.095 and any additional non-percolated or retained storm water will be conveyed to an onsite subsurface infiltration system as required by Section 8.44.095 subject to maintenance agreements. 6. The property is accessed via Loma Drive, and does not exhibit dedicated public easements. Therefore, the subdivision and improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. 7. Design of the proposed subdivision as conditioned is compatible and consistent with applicable elements of the City’s General Plan and the immediate environment, being consistent with purposes of the designation, density and development standards, and parking, access and services are provided. 8. The project as conditioned will conform to all zoning and condominium standards and will be compatible with neighboring properties, which are developed with similar multi-story, multi-family residences. 9. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15303(b). 10. The proposed subdivision will be consistent with the prevailing lot pattern and are not likely to reduce property values in the surrounding neighborhood area because the project is similar to surrounding development, consists only of the division of airspace at less than the maximum density allowed, and conditions have been placed on the project to ensure compatibility. 146 3 11. The granting of the subdivision will result in division of a conforming sized and configured lot into airspace for condominium units of size and design conforming to the R-3 zone and condominium ordinance. Section 6. Based on the testimony and evidence received, the Planning Commission makes the following findings pertaining to the application for Conditional Use Permit and Precise Development Plan pursuant to Sections 17.40.020 and 17.58.030 of the Municipal Code. 12. The proposal is consistent with the General Plan High Density Residential designation and R-3 zone because the project is an allowed use and has a density of less than 33 units per acre, and as conditioned complies with all standards. 13. The site is zoned R-3 and is physically suitable for a three-unit attached residential condominium project with all units containing three levels plus a basement level. Parking for each unit is provided by a two-car garage with Unit 1 access taken directly from Loma Drive, and Units 2 and 3 accessed from a shared driveway along the south side of the property that connects to Loma Drive. Two guest parking spaces in the driveway of the garage for Unit A are provided, and Units 2 and 3 will provide one guest parking space on-site. 14. Units 1, 2 and, 3 comply with Section 17.16.080 of R-3 Multiple Family Residential Open Space standards and provide a minimum of 300 square feet of open space per unit. 15. The subdivision and improvements provide for adequate drainage, sanitation and potable water, underground utilities, supply all required off-street parking, sidewalks, and safe access from a public street, will not cause substantial traffic impacts due to minimal increase in density, and will comply with all construction requirements. 16. Design of the proposed subdivision as conditioned is compatible and consistent with the immediate environment, including maintenance of water quality and reduction of marine pollution via onsite retention of storm water to compensate for loss of permeable surfaces and landscaping to enhance aesthetics, being consistent with purposes of the designation, all density and development standards, and access and services are provided. An in-lieu Park and Recreation Area Dedication fee is required for each unit. 17. The proposed project as conditioned is consistent with the General Plan and will ensure compatibility of the proposed density, use and design with neighboring residential properties, which also contain multi-story single and multi-family residences. The project as conditioned complies with Section 17.22.060 because the lot width exceeds 29 feet, unit sizes exceed 1,600 square feet, do not exceed the 30 feet height limit, minimum open space of 300 square feet is met, and the minimum front yard setback of 5 feet is met. 18. All utilities will be placed underground, integrated into the design, separately metered and independently provided in each unit. Stormwater runoff will be minimized and a final landscape plan shall be provided per the Green Building, Water Efficient, Water Conservation and Condominium landscape standards and the required landscape plan shall be provided, per Sections 8.60, 8.44, and 8.56. 147 4 Section 7. Based on the foregoing, the Planning Commission hereby approves the subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map for a three-unit detached condominium project subject to the following Conditions of Approval: General: 1. The development and continued use of the property shall be in conformance with submitted plans received and reviewed by the Planning Commission at its meeting of June 20, 2017, revised in accordance with the conditions below. The Community Development Director may approve minor modifications that do not otherwise conflict with the Hermosa Beach Municipal Code or requirements of this approval. 2. The project shall fully comply with all requirements of the R-3 zone as applicable and the Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but not limited to: a) Height including required roof deck railings shall fully comply with the 30-foot height limit. Precise building height compliance shall be reviewed at the time of Plan Check, to the satisfaction of the Community Development Director. b) Design and construction shall comply with Section 17.22.060 except as specifically stated in this Resolution. c) Conduit to accommodate roof mounted alternative energy equipment for solar energy and solar thermal shall also be supplied per Section 15.32.140. d) The requirements of Section 17.22.060(F) and (G) shall be shown on structural plans and reviewed at the time of Building Division Plan Check. e) A minimum of 200 cubic feet of storage area shall be provided for each unit in accordance with Section 17.22.060(E). f) Designated, screened solid waste storage areas, a minimum of 2.5’ x 2.5’ (length times width) each, for three solid waste storage bins shall be shown on the site plan compliance with Chapter 8.12. 3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be reviewed and approved by the Community Development Director in conformance with Section 17.22.050 and conditions of this approval prior to the issuance of Building Permits. a) Proof of recordation of approved CC&Rs shall be submitted to the Community Development Director, prior to issuance of Certificate of Occupancy. 148 5 b) Ten (10) parking spaces shall be maintained on-site. All parking spaces shall remain available for parking and shall not be used for storage or other purposes. Storage of boats, trailers, and recreational vehicles shall not be allowed. 4. The project shall comply with all requirements of the Building Division, Public Works Department, and Fire Department, and the Hermosa Beach Municipal Code. Building Plans: 5. Two copies of a Final Landscape Plan, consistent with landscape plans approved by the Planning Commission, indicating size, type, quantity and characteristics of landscape materials shall be submitted to the Community Development Department and Planning Division for review and approval prior to the issuance of Building Permits. The Final Plan shall also include the following: a) The applicant shall provide a landscape plan to comply with Sections 17.22.060(H), 8.60.060, and 8.60.070 to the satisfaction of the Community Development Director and Public Works Director. b) An automatic landscape sprinkler system consistent with Section 17.22.060(H) shall be provided, and shall be shown on plans (Building Permits are required). 6. Architectural treatments and accessory facilities shall be as shown on building elevations, site and floor plans. Precise building height compliance shall be reviewed at the time of Plan Check, to the satisfaction of the Community Development Director. In addition: a) All parking dimensions shall comply with Chapter 17.44. Roll-up automatic garage doors shall be installed on all garage door openings and clearly indicated on floor plans. b) Driveway transitions shall comply with Section 17.44.120(D). c) All exterior lighting shall be downcast, fully shielded and illumination shall be contained within the property boundaries. Lighting shall be energy conserving and motion detector lighting shall be used for all lighting except low-level (3 feet or less in height) security lighting and porch lights. Lamp bulbs and images shall not be visible from within any onsite or offsite residential unit. Exterior lighting shall not be deemed finally approved until 30 days after installation, during which period the building official may order the dimming or modification of any illumination found to be excessively brilliant or impacting to nearby properties. d) Any satellite dish antennas and/or similar equipment shall comply with Section 17.46.240. 149 6 7. The plans shall comply with Section 8.44.095 and install permeable surfaces in the driveway, guest parking space and other non-landscaped areas to the maximum extent feasible. If providing water-permeable surfaces on at least 50% of exterior surface area is not feasible and incorporating measures in 8.44.095 to the extent practicable to infiltrate the volume of runoff produced by a 0.80 inch twenty four (24) hour rain event, then the applicant shall infiltrate runoff on-site. In the event that subsurface infiltration is required, plans shall designate the exact location of the subsurface infiltration system, the applicant shall enter into a maintenance agreement with the City (prior to final map approval) for the ongoing infiltration, and provide a surety bond to the City to guarantee that on-site, subsurface infiltration is achieved. The amount of the bond shall be determined by the Building Division. All other drainage shall be routed to an off-site facility or on-site permeable area approved by the City. To the extent possible, a portion of roof drainage shall be routed to on-site permeable areas. No drainage shall flow over any driveway or sidewalk. If the drainage of surface waters onto the property requires a sump pump to discharge said waters onto the street, the property owner(s) shall record an agreement to assume the risk associated with use and operation of said sump pump, release the City from any liability, and indemnify the City regarding receipt of surface waters from the property. The recorded agreement must be filed with the City prior to issuance of the Certificate of Occupancy. 8. The plans and construction shall comply with all requirements of the Building Code in Title 15 and Green Building Standards in Chapter 15.48. Water conservation practices set forth in Section 8.56.070 shall be complied with and noted on construction plans. 9. Two copies of final construction plans, including site, elevation and floor plans, which are consistent with the conditions of approval of this conditional use permit, shall be reviewed and approved by the Planning Division for consistency with Planning Commission approved plans and this Resolution prior to the submittal to the Building Division for Plan Check. Prior to the submittal of structural plans to the Building Division for Plan Check an ‘Acceptance of Conditions’ affidavit and recording fees 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 grant of approval. 10. The applicant shall submit all required plans and reports to comply with the City’s construction debris recycling program including manifests from both the recycler and County landfill; at least 65% of demolition debris associated with demolition of the existing improvements and new construction shall be recycled. 11. The address of each condominium unit shall be conspicuously displayed on the street side of the buildings with externally or internally lit numbers and the method for 150 7 illumination shall be shown on plans. Address numbering and display shall be subject to approval by the Community Development Department. Public Works 12. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by a licensed civil engineer, and approved by Public Works, addressing grading, undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on- site and off-site drainage (no sheet flow permitted), installation of utility laterals, and all other improvements necessary to comply with the Municipal Code and Public Works specifications, shall be filed with the Community Development Department. 13. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 14. Project construction shall protect private and public property in compliance with Sections 15.04.070 and 15.04.140. No work in the public right of way shall commence unless and until all necessary permits are attained from the Public Works Department including if required, an approved Residential or Commercial Encroachment Permit. 15. Sewer flow rate for upstream and downstream manhole along with manhole rim/lid elevations must be submitted prior to grading and plan check. Sewer lateral video must be submitted with plan check submittal, if the developer plans to use the existing sewer lateral. Sewer lateral work may be required after review of the sewer lateral video. 16. Sewer lateral video must be submitted with plan check submittal, if the developer plans to use the existing sewer lateral. Sewer lateral work may be required after review of the sewer lateral video. 17. Sewer main work may be required after review of sewer lateral video. 18. The project must comply with Storm Water and Urban Runoff Pollution Control Regulations (HBMC Ch. 8.44) and must implement Low Impact Development Standards, and submit at time of grading and plan check along with an erosion control plan. Final Map and Certificate of Occupancy 19. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter 16.08 of the Municipal Code. 20. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park and Recreation Area Dedication fees per unit in lieu of onsite parkland dedication pursuant to Chapter 16.12. 151 8 21. Prior to approval of the Final Map, and prior to issuance of a Certificate of Occupancy, outstanding assessments must either be paid in full or apportioned to any newly created parcels. Notice of same shall be provided to the Community Development Director. Assessment payoff amounts may be obtained by calling the City’s Assessment Administrator at (800) 755-6864. Applications for apportionment may be obtained in the Public Works Department. Construction 22. Prior to issuance of a Building Permit, abutting property owners and residents within 100 feet of the project site shall be notified of the anticipated date for commencement of construction. a) The form of the notification shall be provided by the Planning Division of the Community Development Department. b) Building permits will not be issued until the applicant provides an affidavit certifying mailing of the notice. 23. Project construction shall conform to the Noise Control Ordinance requirements in Section 8.24.050. Allowed hours of construction shall be printed on the building plans and posted at construction site. 24. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. Other: 25. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. 26. Approval of these permits shall expire twenty-four (24) months from the date of approval by the Planning Commission, 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. 27. The Planning Commission may review this Conditional Use Permit, Precise Development Plan and Vesting Tentative Map and may amend the subject conditions 152 9 or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 28. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation 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. Section 8. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. 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. 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 grant. 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. Section 9. 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: 153 10 CERTIFICATION I hereby certify the foregoing Resolution P.C. 17-X 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 June 20, 2017. Michael Flaherty, Chairman Ken Robertson, Secretary June 20, 2017 Date 154 Attachment 2 Existing Site Photograph 155 156 Attachment 3 Legal Verification 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0349 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 TA 17-1 - Text Amendment regarding definitions and standards for assembly uses, in order for the City to be consistent with the Religious Land Use and Institutionalized Persons Act (RLUIPA), and determination that the project is categorically exempt from the California Environmental Quality Act (continued from the May 16, 2017 meeting). Applicant: City of Hermosa Beach Recommended Action: Adopt the attached resolution recommending the City Council adopt a text amendment establishing definitions and standards for assembly uses,in order for the City to be consistent with the Federal Religious Land Use and Institutionalized Persons Act (RLUIPA),and determine the project is exempt from the California Environmental Quality Act. Background: The proposed amendment to the Municipal Code will allow the City to be consistent with federal civil rights law called the Religious Land Use and Institutionalized Persons Act or RLUIPA.The proposed ordinance clarifies the provisions applicable to assembly-type uses in a manner that better achieves the intent of existing regulations to apply neutral,consistent regulations to mitigate the impacts for all assembly-type uses.The current Municipal Code provides definitions and development standards for various assembly-type uses,but the regulations differ between these various uses.This creates a situation where a religious use may be treated differently from a non-religious assembly use,even though both uses create the same types of land use impacts.In order to be more in line with the federal law,City must amend the Code to asses all assembly-type uses neutrally and consistently throughout the Code. In 2000,Congress enacted the Religious Land Use and Institutionalized Persons Act.RLUIPA is a federal civil rights law that protects individuals and religious institutions from unduly burdensome or discriminatory land use regulations.The statute prohibits the City from enforcing zoning and land use laws that substantially burden religious exercise without a compelling government justification for the regulation.Congress’primary intent was to ensure that religious institutions are not discriminated against, or disproportionately affected, by local land use decisions. With respect to the types of land use decisions that the City makes,there are two major provisions of RLUIPA.The first prohibits the City from imposing regulations that have a substantial burden on the exercise of religion.That issue generally comes up when land use regulations are applied to a City of Hermosa Beach Printed on 2/20/2024Page 1 of 6 powered by Legistar™174 Staff Report REPORT 17-0349 exercise of religion.That issue generally comes up when land use regulations are applied to a particular development proposal and is not relevant to the proposed changes to the Zoning Code. The second RLUIPA land use provision prohibits a government from imposing a land use restriction on a religious assembly “on less than equal terms”with a nonreligious assembly.It is this “equal terms” provision of RLUIPA that led to the proposed changes to the Zoning Code. In July 2011,for the first time since RLUIPA was enacted,the Ninth Circuit Court of Appeals (with jurisdiction over California)interpreted the “equal terms”provision.The Court said that a City violates the equal terms provision when a religious institution is treated on a less than equal basis with a secular comparator, similarly situated with respect to an accepted zoning criteria. The Ninth Circuit held that the burden is on the City to show that its zoning regulation treat religious facilities equal with secular uses,where it appears to be unequal on the face of the ordinance.The law requires that similarly situated assembly uses be treated the same,whether secular or religious. To determine whether an assembly use is "similarly situated”we look to the impacts of the land use: what traffic/circulation it generates,parking demand it creates,noise,hours of operation relative to the neighboring uses, etcetera. Analysis: The City’s Zoning Ordinance does not contain a definition or standards for “religious institutions”, “churches,”or “assembly halls,”but does provide development standards for assembly-type uses. These assembly-type uses in commercial zones include “bowling alleys,business schools, convention/meeting halls,educational institutions (K-12),funeral homes (including mortuaries),game arcades with five or more machines,gymnasium/health and fitness centers,miniature golf course, large day spas,movie theatres,museums,music academies,and skating rinks (ice or roller),”but notably does not include churches.These assembly-type uses in residential zones include “churches” and industrial zones include “gymnasium/health and fitness centers.” In order to regulate equal terms for assembly-type land uses and religious institutions,the subject text amendment clarifies the applicable provisions of assembly-type uses that better achieves the intent of existing regulations to apply neutral and consistent regulations to mitigate impacts for all assembly-type uses. Attached to this report are proposed amendments to Municipal Code sections 17.04.050, Commercial land use definitions;17.08.020,Permitted Uses (R-1);17.26.030,C-1,C-2 and C-3 land use regulations;17.28.020,Permitted Uses (M-1);17.28.040,Gymnasium/Health and Fitness Center,Limited;17.38.540,Plan Area No.11 -Uses;and,17.44.030,Off-street Parking--Commercial and Business Uses.The proposed amendments to these sections would provide terminology for religious institutions and land use regulations for assembly-type uses. Municipal Code Terminology The current Municipal Code does not provide a definition for religious institutions,religious facilities, churches,etc.The proposed text amendment would provide the following definition for religious institutions: “Religious institutions”shall mean facilities operated by religious organizations for worship,or the promotion of religious activities,including churches,mosques,City of Hermosa Beach Printed on 2/20/2024Page 2 of 6 powered by Legistar™175 Staff Report REPORT 17-0349 worship,or the promotion of religious activities,including churches,mosques, synagogues,temples,etc.,and religious schools;and accessory uses on the same site, such as living quarters for ministers and staff,and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations,including full-time educational institutions,hospitals and other potentially related operations (for example, a recreational camp) are classified according to their respective activities. The current Municipal Code also does not define assembly-type uses,for uses that create similar impacts and should be subject to similar development standards.The proposed text amendment would provide the following definition for assembly halls: “Assembly hall”shall mean any building,or portion of a building,used for public or private gatherings.For example,and without limitation,assembly hall includes convention/meeting halls,business schools,funeral homes,gymnasium/health and fitness centers,education institutions (K-12),game arcades with five or more machines, miniature golf courses,large day spas,movie theatres,museums,music academies, religious institutions, skating rinks, whether available for public or private use. Use Categories and Development Standards The proposed text amendment would ensure that assembly-type uses are regulated on “equal terms,”including religious institutions,churches,convention halls,auditoriums,movie theatres,etc. New assembly-type uses would require a conditional use permit (CUP)in the C-2 Downtown Commercial zone,C-3 General Commercial zone,Specific Plan Area (SPA)Nos.7,8,and 11 and all residential zones (to the extent the use is permitted);and would be prohibited in the C-1 zone (where all assembly-type uses are currently prohibited). The purpose of the C-1,Neighborhood Commercial Zone,is to “provide sites for a mix of small local businesses appropriate for,and serving the daily needs of nearby residential neighborhoods;while establishing land use regulations that prevent significant adverse effects on abutting residential uses.”SPA Nos.7,8,and 11 currently permit gymnasium/health and fitness centers.The subject text amendment would require a CUP for any new gymnasium/health and fitness centers,and would also require a CUP for any major change (such as expansion of square footage)to any existing and currently operating gymnasiums/health and fitness centers in zoning districts where these uses are allowed.Museums are currently permitted in the SPA Nos.7,8,and 11,though there are not any existing museums operating in these zones. The Light Manufacturing M-1 zone currently permits gymnasiums/health and fitness centers,and there is one existing and currently operating gymnasium/health and fitness center business in the M- 1 zone.New gymnasium/health and fitness centers would not be permitted in the M-1 zone because assembly-type uses are not consistent with the specific purposes of the M-1 zone as set forth in Municipal Code Section 17.28.010.Existing gymnasium/health and fitness centers would remain as legal nonconforming,aka “grandfathered,”businesses without CUPs,unless a major change is proposed,such as expansion of square footage,which would then be allowed subject to the limitations of Zoning Ordinance Section 17.52, Nonconforming Buildings and Uses. Assembly-type uses would be required to provide off-street parking pursuant to the current MunicipalCity of Hermosa Beach Printed on 2/20/2024Page 3 of 6 powered by Legistar™176 Staff Report REPORT 17-0349 Assembly-type uses would be required to provide off-street parking pursuant to the current Municipal Code section where the required number of parking spaces are delineated by use.The current parking standard applies to assembly uses of more than 20 persons,which requires 1 parking space for each 5 seats,permanent or removable,or 1 space for each 50 square feet of gross floor area in the auditorium,whichever is greater.The subject text amendment would require 1 parking space for each 5 seats,permanent or removable,or 1 space for each 50 square feet of gross floor area in the auditorium,whichever is greater,for all assembly uses,except where the Municipal Code otherwise provides specific and explicit off-street parking requirements,these requirements would remain as they apply to the respective specific assembly uses. Residential zones currently require a CUP for religious institutions and elementary schools (K through 8),but prohibit all other assembly type uses.This does not run afoul of RLUIPA,as the federal law merely prohibits the city from treating religious uses worse than their secular equivalents. Thus,the City may allow religious uses and elementary schools (K through 8),which are often found in residential neighborhoods,to be located in areas where other assembly uses are not permitted. Commercial zones and Specific Plan Areas currently require some assembly-type uses to obtain a CUP,including,but not limited to,convention halls and movie theatres.The Light Manufacturing M-1 zone currently permits gymnasium/health and fitness centers.The subject text amendment would require a CUP to be approved for all assembly-type uses in zones where those uses are permitted. The subject text amendment would prohibit all assembly-type uses,including any future gymnasium/health and fitness centers,in the M-1 zone,which is consistent with the specific purposes of the M-1 zone as set forth in Section 17.28.010 of the Municipal Code.This allows the City to assess possible assembly-type use impacts to project locations and surrounding areas,and apply appropriate conditions of approval when necessary. The intent of the City’s assembly use regulations is to ensure that assembly-type uses are operated in a manner that is compatible with surrounding uses.Requiring a CUP for all assembly-type uses provides consistency,ensures “equal terms”and protects the integrity and character of the residential,commercial and industrial areas of the city,consistent with the objectives,policies, general land uses,and implementation programs of the General Plan.The adoption of the proposed text amendment clarifies and revises the Municipal Code by defining religious and assembly uses and uniformly applying existing development standards to conditionally permitted assembly uses that operate in the same manner. All assembly uses create the same land use impacts regardless of whether the use of religious or secular.For purposes of regulating all assembly uses equivalently,there will be no change in the environmental impacts generated by these uses.This is an administrative change that is consistent with federal law.Therefore,pursuant to CEQA,there is no substantial evidence that the project may have a significant effect on the environment. While a clean copy of the ordinance is included as Exhibit A to the attached resolution,the following shows the language that will be added/deleted in the Municipal Code: Section 1. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended by adding/amending the following terms in the alphabetical list of terms: “Assembly hall” shall mean any building, or portion of a building, used for public or private gatherings. City of Hermosa Beach Printed on 2/20/2024Page 4 of 6 powered by Legistar™177 Staff Report REPORT 17-0349 For example, and without limitation, assembly hall includes, convention/meeting halls, business schools, funeral homes, gymnasium/health and fitness centers, educational institutions (K-12), game arcades with five or more machines, miniature golf courses, large day spas, movie theatres, museums, music academies, religious institutions, skating rinks, whether available for public or private use. “Convention hall” means an enclosed building or structure used for public assembly for meetings, conventions or special events. This classification includes assembly halls. “Religious institutions” shall mean facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools; and accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, including full- time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are classified according to their respective activities. Section 2. Section 17.08.020 of Chapter 17.08 of Title 17of the Hermosa Beach Municipal Code, R-1 Single-Family Residential Zone, Permitted uses, is amended by (1) removing “Churches, synagogues, temples and other similar congregations: conditional use permit required subject to Chapter 17.40;” from the alphabetical list of uses, adding the following new use category in the alphabetical list of uses to read as follows: Religious Institutions: conditional use permit required subject to Chapter 17.40; and renumbering all of the subsections in Section 17.08.020 to reflect these changes. Section 3. Section 17.26.030 of Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code, C- 1, C-2 and C-3 land use regulations, is amended by adding the following new use category to the alphabetical list of uses to read as follows and to delete the use category for business schools, convention/meeting halls, educational institutions (K-12), funeral homes, including mortuaries, game arcade with five or more machines, large day spas, miniature golf course, movie theaters, museums, music academies and skating rinks: City of Hermosa Beach Printed on 2/20/2024Page 5 of 6 powered by Legistar™178 Staff Report REPORT 17-0349 Section 4. The following use category in the alphabetical list of uses in Section 17.28.020 of Chapter 17.28 of Title 17 of the Hermosa Beach Municipal Code, Light Manufacturing Zone, Permitted uses, is deleted. Gymnasium/health and fitness center, limited P 17.28.040 Section 5. Section 17.28.040 of Chapter 17.28 of Title 17 of the Hermosa Beach Municipal Code, Light Manufacturing Zone, Gymnasium/health and fitness center, limited, is deleted in its entirety. Section 6. Section 17.38.540 of Chapter 17.38 of Title 17 of the Hermosa Beach Municipal Code, Specific Plan Areas, Plan Area No. 11 - Uses, is amended by adding the following new use category to the alphabetical list of uses to read as follows and to delete the use category for billiard or pool halls; clubs, private; convention/meeting halls, gymnasiums/health and fitness centers; large day spas, movie theaters, museums and music academies: Uses P or U Section Assembly halls U 17.40 Section 7. Subsection A of Section 17.44.030 of Chapter 17.44 of Title 17 of the Hermosa to read as follows: Assembly halls: one (1) space for each five (5) seats, permanent or removable, or one (1) space for each fifty (50) square feet of gross floor area in the assembly hall, whichever is greater. Attachments: 1. Proposed Resolution 2. Zoning Map (C-1 and M-1 zones) Respectfully Submitted by: Yalini Sivapathasundaram, Associate Planner Concur: Kim Chafin, Senior Planner Approved: Ken Robertson, Community Development Directors City of Hermosa Beach Printed on 2/20/2024Page 6 of 6 powered by Legistar™179 1 RESOLUTION P.C. 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A TEXT AMENDMENT TO MUNICIPAL CODE TITLE 17 REGARDING DEFINITIONS AND STANDARDS FOR ASSEMBLY USES, IN ORDER FOR THE CITY TO BE CONSISTENT WITH THE FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA), AND DETERMINING THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: SECTION 1. The Planning Commission held a duly noticed public hearing on June 20, 2017 to consider a text amendment regarding definitions and standards for assembly uses, in order for the City to be consistent with federal civil rights law regarding, Religious Land Use and Institutionalized Persons Act (RLUIPA). The current Municipal Code does not contain a definition or standards for “religious institutions,” “churches,” or “assembly halls,” but does provide development standards for assembly-type uses. This text amendment clarifies the provisions applicable to assembly-type uses in a manner that better achieves the intent of existing regulations to apply neutral, consistent regulations to mitigate the impacts for all assembly-type uses. (TEXT 17-1). SECTION 2. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because the project will not result in a direct or reasonably foreseeable indirect physical change in the environment because the project proposes to amend the Municipal Code to allow religious institutions in zones allowing assembly uses. All assembly uses create the same land use impacts regardless of whether the use is religious or secular. For purposes of regulating all assembly uses equivalently, there will be no change in the environmental impacts generated by these uses. This is an administrative change that is consistent with federal law. SECTION 3. The Planning Commission finds that the proposed amendment to the Municipal Code to allow religious institutions in zones allowing assembly uses, is consistent with the City’s General Plan Land Use Element policy to “Ensure the placement of new uses does not create or exacerbate nuisances between different types of land uses” and the associated Implementation Objective to “Establish development standards to correspond with any new land use designations with consideration of neighborhood character areas.” The ordinance also furthers the general purpose of the zoning ordinance by allowing religious institutions in zones allowing assembly uses, with the requirement to obtain a Conditional Use Permit to address and review standards and criteria to assure compatibility for assembly-type uses in adjacent zones. The amendment will not impede the City’s ability to meet its general plan goals and the amendment is necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources. The Planning Commission further finds that the proposed amendment to the Municipal Code is consistent with the federal civil rights law, Religious Land Use and Institutionalized Persons Act (RLUIPA), and clarifies the provisions applicable to assembly-type uses in a manner that better achieves the intent of existing regulations to apply neutral and consistent regulations to mitigate the impacts for all assembly-type uses. SECTION 4. The Planning Commission hereby recommends City Council approval of the proposed ordinance attached hereto as Exhibit A. VOTE: AYES: NOES: 180 2 ABSTAIN: ABSENT: CERTIFICATION I hereby certify that the foregoing Resolution P.C. 17-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 June 20, 2017. _____________________________ ______________________________ Michael Flaherty, Chairman Ken Robertson, Secretary June 20, 2017 Date 181 3 Exhibit A ORDINANCE NO. _______ AN ORDINANCE REGARDING DEFINITIONS AND STANDARDS FOR ASSEMBLY USES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: Section 1. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended by adding/amending the following terms in the alphabetical list of terms: “Assembly hall” shall mean any building, or portion of a building, used for public or private gatherings. For example, and without limitation, assembly hall includes, convention/meeting halls, business schools, funeral homes, gymnasium/health and fitness centers, educational institutions (K-12), game arcades with five or more machines, miniature golf courses, large day spas, movie theatres, museums, music academies, religious institutions, skating rinks, whether available for public or private use. “Convention hall” means an enclosed building or structure used for public assembly for meetings, conventions or special events. This classification includes assembly halls. “Religious institutions” shall mean facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools; and accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, including full- time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are classified according to their respective activities. Section 2. Section 17.08.020 of Chapter 17.08 of Title 17of the Hermosa Beach Municipal Code, R-1 Single-Family Residential Zone, Permitted uses, is amended by (1) removing “Churches, synagogues, temples and other similar congregations: conditional use permit required subject to Chapter 17.40;” from the alphabetical list of uses, adding the following new use category in the alphabetical list of uses to read as follows: Religious Institutions: conditional use permit required subject to Chapter 17.40; and renumbering all of the subsections in Section 17.08.020 to reflect these changes. Section 3. Section 17.26.030 of Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code, C-1, C-2 and C-3 land use regulations, is amended by adding the following new use category to the alphabetical list of uses to read as follows and to delete the use category for business schools, convention/meeting halls, educational institutions (K-12), funeral homes, including mortuaries, game arcade with five or more machines, large day spas, miniature golf course, movie theaters, museums, music academies and skating rinks: Uses C-1 C-2 C-3 See section Assembly halls - U U 17.40 182 4 Section 4. The following use category in the alphabetical list of uses in Section 17.28.020 of Chapter 17.28 of Title 17 of the Hermosa Beach Municipal Code, Light Manufacturing Zone, Permitted uses, is deleted. Gymnasium/health and fitness center, limited P 17.28.040 Section 5. Section 17.28.040 of Chapter 17.28 of Title 17 of the Hermosa Beach Municipal Code, Light Manufacturing Zone, Gymnasium/health and fitness center, limited, is deleted in its entirety. Section 6. Section 17.38.540 of Chapter 17.38 of Title 17 of the Hermosa Beach Municipal Code, Specific Plan Areas, Plan Area No. 11 – Uses, is amended by adding the following new use category to the alphabetical list of uses to read as follows and to delete the use category for billiard or pool halls; clubs, private; convention/meeting halls, gymnasiums/health and fitness centers; large day spas, movie theaters, museums and music academies: Uses P or U Section Assembly halls U 17.40 Section 7. Subsection A of Section 17.44.030 of Chapter 17.44 of Title 17 of the Hermosa to read as follows: Assembly halls: one (1) space for each five (5) seats, permanent or removable, or one (1) space for each fifty (50) square feet of gross floor area in the assembly hall, whichever is greater. Section 8. The proposed amendments to Title 17 of the Hermosa Beach Municipal Code were reviewed by the Planning Commission at a duly noticed public hearing on June 20, 2017 to consider a text amendment regarding definitions and standards for assembly uses, in order for the City to be consistent with federal civil rights law regarding, Religious Land Use and Institutionalized Persons Act (RLUIPA). The current Municipal Code does not contain a definition or standards for “religious institutions,” “churches,” or “assembly halls,” but does provide development standards for assembly- type uses. This text amendment clarifies the provisions applicable to assembly-type uses in a manner that better achieves the intent of existing regulations to apply neutral, consistent regulations to mitigate the impacts for all assembly-type uses. Section 9. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because the project will not result in a direct or reasonably foreseeable indirect physical change in the environment because the project proposes to amend the Municipal Code to allow religious institutions in zones allowing assembly uses. All assembly uses create the same land use impacts regardless of whether the use of is religious or secular. For purposes of regulating all assembly uses equivalently, there will be no change in the environmental impacts generated by these uses. This is an administrative change that is consistent with federal law. Section 10. The proposed amendments to Title 17 of the Hermosa Beach Municipal Code to allow religious institutions in zones allowing assembly uses, is consistent with the City’s General Plan Land Use Element policy to “Ensure the placement of new uses does not create or exacerbate nuisances between different types of land uses” and the associated Implementation Objective to “Establish development standards to correspond with any new land use designations with consideration of neighborhood character areas.” The ordinance also furthers the general purpose of the zoning ordinance by allowing religious institutions in zones allowing assembly uses, with the requirement to 183 5 obtain a Conditional Use Permit to address and review standards and criteria to assure compatibility for assembly-type uses in adjacent zones. The amendment will not impede the City’s ability to meet its general plan goals and the amendment is necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources. The ordinance further finds that the proposed amendment to the Municipal Code is consistent with the federal civil rights law, the regarding the Religious Land Use and Institutionalized Persons Act (RLUIPA), and clarifies the provisions applicable to assembly-type uses in a manner that better achieves the intent of existing regulations to apply neutral and, consistent regulations to mitigate the impacts for all assembly-type uses. PASSED, APPROVED AND ADOPTED this __ day of _____________, 2017. ____________________________ MAYOR Attest: _______________________ City Clerk 184 Va l l e y D r Ar d m o r e A v e Pro s p e c t A v ePac i f i c C o as t Hw y 8th S t 2nd S t Pier A v e Aviation B lvd M a n h a t t a n A v e Art esia Blvd 27th S t Va l l e y D rHe rmosa A veMonter ey B lvd Longfe l l o w A v e 1st St22nd S t Longfe ll o w A ve Palm D r Bay V iew D r Be a c h D r 7th St 8th Pl 5th St 10th St 6th St 25th St 14th St Ha r p e r A v e Su ns e t D r Oce an D r 32nd Pl Manha ttan Ave 16th St 29th St 28th St 31th Pl 30th Pl 17th St Alley 33rd Pl 29th Ct 28th Ct 1st St Lom a D r 3rd St 7th Pl 8th St 24th Pl Herondo St 33rd St 9th St Oz o n e C t 4th St 1st Pl 24th St 30th St 21st S t Bon n i e B rae S t Owos so A v e 13th St 26th St 15th St31st S t 19th St Hollowe l l AveHillc re s t D rRho de s S t Ing l e s i d e D r34th St 11th S t 20th St My r t l e A v e Gentr y S t Reyno l ds LnBar d S t Gould T e r Oak St 20th PlPow e r S t 27th Ct Par k Ave 35th St Tennyson Pl1st Ct34th Pl 17th Ct Por t e r L n 18th Ct 18th St 16th Ct Ava A v e 33rd St 15th Pl Cypre ss A v eCircle DrLyndon St 19th Ct 11th P l 14th Ct Val l e y Pa rk Av e Co ron a S t 13th Ct 9th Ct 11th C t Hop k i ns S t 15th Ct 12th Ct 20th Ct 8th Ct Golde n A v e Culpe r C t 10th Ct Silv e r S t 7th Ct Silv e r s t r a n d A v e 6th Ct Hi g h l a n d A v e El O es te D r35th St Me y e r C tSpr i n g f ie ld Av e Pin e S t 21st C t Massey Ave 5th Ct 27th St 2nd St Neptune 22nd St 4th Ct Cr e s t D r Oc ea n V iew A v eCampan a S t Ba r n ey C t 3rd Ct Ha r p e r L n Morni n g s i d e D r Aubrey Park CtRaym on d A v e Bra e h o l m P l Amby PlMarlita Pl Bor d e n A ve He r m o s a V i e w D r Joy S tLa Carlita PlMontgomery D r Circle Ct Mira S t Vis t a D r Gra v le y C t Cochise Ave22nd Ct 11th P l 11th S t 4th St 6th St 10th St 26th St 25th St 9th St Alley 15th St 13th StBea ch D r AlleyHillc r e s t D r 19th St Ha r p e r A v e 11th S t 1st St 15th St 18th St 31th St 20th St Mo r n i n g s i d e D r Alley Co c h i s e A v e 14th St 20th St Go l d e n A v e 7th St 24th St 10th St Cyp re ss Av e 30th St 24th St Harp e r Ln 24th Pl 4th St 8th St 11th P l Bea ch D r 5th St 34th St 7th St Loma D r30th St 11th S t 1st Pl 24th St Bar d S t 16th St Loma D r 4th St21st S t 11th S t Alley 1st St21st S t 3rd St 4th St 19th St 6th St Th e S t r an d 30th St 31th St Pacific Coast Hw y 16th St 17th St 18th St 9th St 8th St 19th St 7th St 6th St 5th St 20th St 4th St Pier Plaza 3rd St 21st S t 1st St23rd St 30th Pl 25th St Pow e r S t 26th St34th Pl 24th St Loma Walk 19th St North School Valley School Hermosa View School Community Center ClarkStadium CivicCenter South Park ValleyPark BeachBeach® City of Hermosa Beach UNCLASSIFIED (SCHOOL DISTRICT) ZONING DESIGNATIONS C-1 NEIGHBORHOOD CO MMERCIAL M-1 LIGHT MANUFACTURING 185 CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Date: June 20, 2017 To: Honorable Chairman and Members of the Hermosa Beach Planning Commission From: Ken Robertson, Community Development Director Subject: Request for Code Enforcement History of Existing Gymnasium/Health and Fitness Center in the M-1 Zoning District (related to Agenda Item No. 10 – Text Amendment regarding definitions and standards for assembly uses, in order for the City to be consistent with the Religious Land Use and Institutionalized Persons Act (RLUIPA) Attached is information prepared by the Code Enforcement Division in response to a request for the code enforcement history of the existing gymnasium/health and fitness center currently operating within the M-1 zoning district. 186 Crossfit Horsepower – 725 Cypress Ave. COMPLAINT LOG DATE DAY TIME COMPLAINT CE RESPONSE DISPOSITION 7-12-16 TUES 0746 Submitted video from 7/6 N/A Documented 9-6-16 TUES Outdoor exercise over weekend N/A Documented 9-26-16 MON Outdoor exercise 3x this week N/A Documented 12-4-16 SUN 1000 Outdoor activity on Cypress N/A Documented 1-3-17 TUES 0600 Noise coming from gym N/A Documented 1-15-17 SUN 1110 “heavy today” 1140 Ofc. Edson Nothing heard or seen 1-17-17 TUE 0705 Loud music/activity N/A Documented 1-22-17 SUN 1130 Dropping weights 1142 Ofc. Edson Nothing heard or felt outside 1-22-17 SUN 1135 Loud noise 1142 Ofc. Edson Nothing heard or felt outside 1-22-17 SUN 1354 Loud noise this morning N/A Documented 1-29-17 SUN 1100 Proactive check for noise by CE 1100-1135 Edson Nothing heard or seen 2-10-17 FRI 1645 Vibrations 1645-1800 Edson Sat inside and heard vibrations 3-21-17 TUES 1644 Loud music 1750 Ofc. Edson Nothing heard or seen 3-24-17 FRI 1849 Heavy dropping N/A Documented 4-7-17 FRI 0640 Activity N/A Documented 4-18-17 TUES 1940 Loud music N/A Documented 5-2-17 TUES 1953 Loud music 1955 Ofc. Edson Only heard when door opens/ADV 5-3-17 WED 1847 Heavy dropping 1852 Ofc. Edson Possibly heard a weight dropped 5-16-17 TUES 1930 Proactive check 1915-1945 Edson CITE for running on sidewalk 5-23-17 TUES 1948 Loud radio N/A Documented 5-30-17 TUES 2042 Loud radio 2045 Ofc. Edson Nothing heard from outside 6-5-17 MON 0700 Thumping and vibrations N/A Documented 6-5-17 MON 1645 Banging N/A Documented 6-13-17 TUES 1937 Off and on loud music/bass 1949 Ofc. Edson Nothing heard, spoke to Ashley 187 Data Statistics from Complaints Number of Complaints per Day 2016-2017 Type of Complaint Time of Day Complaints Occur 188 History of Complaints or Observations 2014-2015 DATE TIME COMPLAINT CE RESPONSE DISPOSITION 11-23-14 First email complaints to Bob 12-1-14 Proactive check for noise 1830-1845 hours Nothing heard 12-2-14 Proactive check for noise 1830-1845 hours Nothing heard 12-3-14 Proactive check for noise 1830-1845 hours Nothing heard 12-3-14 Staff met inside Larry’s house 1130-1145 hours Nothing heard 12-4-14 0720 Noise Nothing heard 12-4-14 0817 Noise 0825 hours Nothing heard 12-4-14 1100 Noise Nothing heard 12-8-14 1115 Noise 1115 hours Nothing heard 12-9-14 Proactive check for noise 0710-0720 hours Nothing heard 12-11-14 Proactive check for noise 0706-0710 hours Heard faint thumping 12-15-14 Proactive check for noise 0705-0730 hours Nothing heard 1-6-15 1144 Noise Nothing heard 1-26-15 Drop test at gym Noise lighter than usual 1-27-15 Proactive check for running on street 0710-0725 hours Nothing seen 1-27-15 Meet with gym owners 1300 hours 1-28-15 Proactive check for running on street 0710-0715 hours Nothing seen 2-2-15 Proactive check 0700-0710 hours Nothing seen/heard 2-2-15 1600 Email complaint Nothing heard 2-4-15 Proactive check 0720-0730 hours Nothing seen/heard 2-23-15 0930 Dropping, noise 2-26-15 Letter sent to Gym by staff 3-11-15 1301 Pounding weights 3-11-15 1852 Pounding weights 3-20-15 1642 Noise/vibrations 1649 hours Vibrations felt and heard 3-21-15 1320 Weight dropping 3-30-15 0951 Weight dropping 3-31-15 0815 Heavy pounding 4-6-15 0947 Dropping 4-7-15 1757 heavy 4-8-15 1242 Dropping weights 189 4-9-15 1857 Weight dropping 4-15-15 0956 Weight Dropping 4-16-15 0948 At it again 4-18-15 1026 Loud fair in parking lot, music PD responded, event inside and no noise 4-20-15 1230 Dropping weights 5-18-15 1730 Heavy pounding 6-1-15 1250 Heavy pounding 6-2-15 1416 Dropping 6-3-15 1849 Heavy dropping 6-8-15 1801 Constant dropping 6-9-15 0720 Dropping 6-17-15 PRR by Resident *** *** Nothing recorded until 7-12-2016 190 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0364 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 Whether “elevator housing” should continue to be included as one of the roof structure elements that may exceed the height limit in commercial zones. Recommendation: To initiate a text amendment to Municipal Code Section 17.46.010 specifying that elevator housing and roof deck access elements for commercial zones be reviewed and treated similar to chimneys, vents and flues for residential uses, where these elements may exceed the height limit only to the extent required to meet the Uniform Building Code requirements. Background: At the April 18, 2017 Planning Commission meeting the Commission directed staff to focus research on our two immediate neighboring coastal cities, Manhattan Beach and Redondo Beach, in regards to their elevator housing height and massing parameters. Both neighboring coastal cities were further assessed due to their similar hilly topography and high visibly of roof elements due to significant grade changes. The common goal of the Commission was to reduce height and massing of elevator housing which exceeds the height limit, to the extent feasible, with the understanding that less is more. Context was provided as to why elevator housing units were the focus of discussion, stating that these elements are generally taller and more bulky then other elements permitted to exceed the height limit. Further, this item was brought to the Commission’s attention with the initial understanding that elevator technology had drastically changed and there was no longer a need to exceed the height limit. However, after further discussion it was understood that ADA access requirements may ultimately prohibit the ability to outright limit the height of these roof access elements. It was also cited that elements allowed to exceed the height limit must not cover more than five percent of the total roof area which is minimal. The Commission discussed the value of differentiating between recreational roof decks which provide public access (including ADA access) and contain guardrails between roofs not accessible to the public which do not require guardrails or ADA access. Roof decks which are accessible to the public must provide ADA access and contain a minimum 42 inch guardrail which must be within the height limit. Partial screening provided from a 42 inch guardrail would result in elevator housing units being exposed, at most, 4.5 feet. Whereas roofs not accessible to the public may have, at most, an eight foot tall elevator housing unit which is fully exposed to surrounding properties. City of Hermosa Beach Printed on 2/20/2024Page 1 of 6 powered by Legistar™191 Staff Report REPORT 17-0364 Possible design solutions discussed included recessing elevators down in combination with a wheelchair ramp or lift to access the roof deck level as well as possible elevator trap door designs. The Commission asked staff to further assess how Hermosa Beach decided on permitting up to eight feet for elevator housing units while Redondo Beach permits up to four feet and Manhattan Beach prohibits these elements from exceeding the height limit. Staff asked the Commission if there was interest in treating elevator housing similar to chimneys, vents and flues for residential uses where these elements may exceed the height limit only to the extent required to meet the Uniform Building Code requirements. This would allow case-by-case flexibility as to not limit ADA access or restrict elevator safety measures while also not authorizing excessive 8 foot tall elevator housing units when unnecessary. Staff further explained that commercial projects which require discretionary review by the Planning Commission offers the Commission review and design authority over these types of roof elements. In March, 2016 the Planning Commission discussed priority levels of various staff items and asked that elevator housing be discussed after discussion of televisions in outdoor dining areas, text amendment to allow religious institutions in zones allowing assembly uses and reducing community alcohol problems associated with alcohol sales. At the November 17, 2015 Planning Commission meeting staff presented a memorandum regarding whether elevator housing should continue to be included as one of the roof structure elements that may exceed the height limit in commercial zones. Planning Commission consensus was to direct staff to bring back the item with more information. In April, 2015 Commissioner Allen requested and seconded by Commissioner Perrotti that this specific item be placed on a future agenda for discussion. Analysis: The following report for discussion and direction provides briefs on: 1.Existing Municipal Code provisions in the zoning ordinance and rational behind eight foot exception; 2.Survey of Manhattan Beach zoning code standards and procedures with responses and staff analysis of the Redondo Beach zoning code standards; Zoning Code Municipal Code Section 17.46.010.A authorizes certain structural elements to exceed the height in commercial and industrial zones by up to eight feet, provided that it covers no more than five percent of the total roof area (or if the height of the element is governed by Building Code standard, the element may exceed the height limit only by the amount necessary to comply with the Building Code). Additionally, in the C-2 and C-3 Zones, the voters set the height limit at 30 feet. (The voter-imposed height limit applies to all land zoned C-2 or C-3 at that time; thus, it includes SPA-11 zoned land along Pier Avenue as well). The exceptions from Section 17.46.010 pre-date the voter-approved height limit and thus, the height limit must be read to include these exceptions (as the height limit City of Hermosa Beach Printed on 2/20/2024Page 2 of 6 powered by Legistar™192 Staff Report REPORT 17-0364 ordinance did not repeal them). 17.46.010 Height of roof structures. A. Commercial and Manufacturing Zones. The following elements may be constructed above the height limit, provided they do not exceed the height limit by more than eight (8) feet and cover no more than five (5) percent of the total roof area. Where the height of the element is governed by a uniform building code standard, the element may exceed the height limit only by the minimum amount necessary to comply with the uniform building code standards. 1. Elevator housing; 2. Stairways; 3. Tanks; 4. Ventilating fans; 5. Parapet fire walls; 6. Towers; 7. Chimneys; 8. Flues; 9. Vents; 10. Smokestacks; 11. Wireless masts; and 12. Similar structures as determined by the Planning Commission. C. No structure exceeding the height limit under this Section 17.46.010 shall result in additional floor area. This code section has governed the City’s review and permitting of commercial buildings for the last several decades, allowing very limited flexibility for architects/designers while ensuring that obstruction of views above the maximum height of building is minimized. Examples of recent projects where these elements are visible are the Beach House hotel and the adjacent municipal parking structure. The eight-foot maximum and five percent coverage maximum sets very strict limits to this allowance, and ensures that roof elements, including elevator housing, will not become excessively bulky or obstruct view, light and air for the general public that may view building roof tops from a variety of vantage points. Design professionals that work on commercial buildings find it very challenging to comply with the five percent rule, especially if a building contains uses that require a lot of roof top mechanical equipment necessary for ventilation and exhausts (such as restaurants or buildings that contain parking structures). Other sections of the code govern the height allowances for wireless communication facilities and solar energy systems. The City has historically permitted up to eight feet for elevator housing units because this accommodates the worst-case- scenario when providing required ADA access. Consideration must be made for ADA accessibility to areas that others are able to access. If the roof has a deck available for employees and the public, it must be accessible to persons with disabilities. This requires an elevator, not a stairway, and in some cases extensive ramps. As outlined in the April 18, 2017 staff report (attached) the American Society of Mechanical Engineers (ASME) states that the minimum clear headroom in a machine room is seven feet (ASME Section A17.1). When the machine room is framed out the height is approximately eight feet. If the roof is not a deck and contains only equipment, interior stairs are sufficient for access by servicing personnel. The City’s Uniform Building Code section requires that Fire Department access be provided to any area around the perimeter of a building with sufficient width to allow for the placement of a ladder that will provide access to the roof (Section15.04.084 Roof Attachments HBMC). Survey of Other Beach/Coastal Cities Staff reached out to both Manhattan Beach and Redondo Beach with a number of questions City of Hermosa Beach Printed on 2/20/2024Page 3 of 6 powered by Legistar™193 Staff Report REPORT 17-0364 regarding their zoning standards and approach to addressing elevator housing and height and massing limits. The summary table below outlines questions asked and responses received from Manhattan Beach. Staff assessed the Redondo Beach Municipal Code and staff’s interpretations are provided below. Questions Asked Manhattan Beach Responses Staff Assessment of Redondo Beach Municipal Code 1. Can elevator housing exceed the allowable building height in commercial zones? No, but there have been a few variances for commercial. Yes, Mechanical equipment and housing, including screening, may be permitted to project above the permitted height limit of the zone in which it is located, by a maximum of four (4) feet; provided the structure contains no habitable floor area. 2. Is there a maximum % of roof area for structures which are permitted to exceed the height limit? No, there is a maximum individual chimney size, but no aggregate limit for those items. Not specified 3. Do you allow or prohibit roof decks in commercial zones? Yes, commercial decks (top of guardrail) must be below the height limit. Residential decks have a special provision that deck floors must be 9 feet below the main height limit per the Section 10.12.030(H). Not specified 4. What elevator or ADA access designs do you commonly see which provide ADA access to roof decks? ADA items have not become issues with deck height. Not specified 5. Have you experienced new elevator designs/technology to reduce bulk and height of elevator housing on roofs? Nothing too innovative. Residential typically works, and the commercial solution seems to keep the upper floor low enough. Not specified 6. How are existing buildings handled (remodel to an older building) vs. a new development when looking at elevator housing and possible roof access? Have to be under height limit thus far. There is a new “reasonable accommodation” provision that may come into play residentially at some point. Roof-top mechanical equipment and appurtenances to be used in the operation or maintenance of a building (excluding solar panels) shall be installed so as not to be visible from any point at or below the roof level of the subject building. This requirement shall apply in construction of new buildings, and in any alteration of mechanical systems of existing buildings that results in significant changes in such roof -top equipment and appurtenances. 7. How/why did your city decide on prohibiting or allowing elevator housing to exceed the height limit? Elevators never singled out. All items must be under limit except the vent and antenna exceptions. Not specified 8. What review process is required if elevator housing units are proposed to exceed the height limit? Those few generic variances have been done. Not specified 9. Does your City differentiate between elevator housing for commercial roofs with no public access vs. a commercial building with a roof deck in which ADA access must be provided? No differentiation.Not specified City of Hermosa Beach Printed on 2/20/2024Page 4 of 6 powered by Legistar™194 Staff Report REPORT 17-0364 Questions Asked Manhattan Beach Responses Staff Assessment ofRedondo Beach MunicipalCode1. Can elevator housingexceed the allowable buildingheight in commercial zones?No, but there have been a fewvariances for commercial.Yes, Mechanical equipmentand housing, includingscreening, may be permitted toproject above the permittedheight limit of the zone in whichit is located, by a maximum offour (4) feet; provided thestructure contains no habitablefloor area.2. Is there a maximum % ofroof area for structures whichare permitted to exceed theheight limit?No, there is a maximumindividual chimney size, but noaggregate limit for those items.Not specified3. Do you allow or prohibit roofdecks in commercial zones?Yes, commercial decks (top ofguardrail) must be below theheight limit. Residential deckshave a special provision thatdeck floors must be 9 feetbelow the main height limit perthe Section 10.12.030(H).Not specified4. What elevator or ADAaccess designs do youcommonly see which provideADA access to roof decks?ADA items have not becomeissues with deck height.Not specified 5. Have you experienced new elevator designs/technology to reduce bulk and height of elevator housing on roofs? Nothing too innovative. Residential typically works, and the commercial solution seems to keep the upper floor low enough. Not specified 6. How are existing buildings handled (remodel to an older building) vs. a new development when looking at elevator housing and possible roof access? Have to be under height limit thus far. There is a new “reasonable accommodation” provision that may come into play residentially at some point. Roof-top mechanical equipment and appurtenances to be used in the operation or maintenance of a building (excluding solar panels) shall be installed so as not to be visible from any point at or below the roof level of the subject building. This requirement shall apply in construction of new buildings, and in any alteration of mechanical systems of existing buildings that results in significant changes in such roof -top equipment and appurtenances. 7. How/why did your city decide on prohibiting or allowing elevator housing to exceed the height limit? Elevators never singled out. All items must be under limit except the vent and antenna exceptions. Not specified 8. What review process is required if elevator housing units are proposed to exceed the height limit? Those few generic variances have been done. Not specified 9. Does your City differentiate between elevator housing for commercial roofs with no public access vs. a commercial building with a roof deck in which ADA access must be provided? No differentiation.Not specified The summary table shows that the City of Manhattan Beach requires that all roof top elements be below the height limit (excluding solar and antennas), ADA items have not become issues with roof top decks, the commercial solution is to keep the upper floor low enough, few variances have been processed for commercial properties to allow elevator housing or roof access elements to exceed the height limit, and the City has not seen innovative elevator or roof access designs or technology. Staff’s assessment of the Redondo Beach Municipal Code confirmed that mechanical equipment and housing, including screening, may be permitted to project above the permitted height limit of the zone by a maximum of four feet; provided the structure contains no habitable floor area. Roof-top mechanical equipment and appurtenances to be used in the operation or maintenance of a building (excluding solar panels) shall be installed so as not to be visible from any point at or below the roof City of Hermosa Beach Printed on 2/20/2024Page 5 of 6 powered by Legistar™195 Staff Report REPORT 17-0364 level of the subject building. This requirement shall apply in construction of new buildings and in any alteration of mechanical systems of existing buildings that results in significant changes in such roof- top equipment and appurtenances. Cities have a variety of approaches to ensure that mass and bulk of elevator housing on commercial roof tops, as well as other equipment or projections, are limited, while balancing the need for roof deck access and other building considerations that may be due to the Building Code, or to provide design options. Staff’s further assessment of this item confirmed that some type of structure that exceeds the roof surface may be required and the issuance of variances in Manhattan Beach show that there are cases in which flexibility and discretion are necessary to accommodate roof deck access or safety elements associated with elevator housing units. Due to the variety of approaches in handling elevator housing and the lack in innovative design or technology solutions staff recommends the Commission initiate a text amendment to Municipal Code Section 17.46.010 specifying that elevator housing be reviewed and treated similar to chimneys, vents and flues for residential uses where these elements may exceed the height limit only to the extent required to meet the Uniform Building Code requirements. This would allow case-by-case flexibility as to not limit ADA access or restrict elevator safety measures while also not authorizing excessive 8 foot tall elevator housing units when unnecessary. Attachments: 1.Planning Commission April 18, 2017 Staff Report 2.Attachment 1 to April 18, 2017 Staff Report 3.Attachment 2 to April 18, 2017 Staff Report City of Hermosa Beach Printed on 2/20/2024Page 6 of 6 powered by Legistar™196 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of April 18, 2017 Discussion as to whether “elevator housing” should continue to be included as one of the roof structure elements that may exceed the height limit in commercial zones. Recommended Action: That the Planning Commission provide direction and prioritize issues to focus staff’s efforts, while continuing the discussion of whether the current list of roof structures allowed to exceed the height limit should continue to include “elevator housing” (Municipal Code Section 17.46.010). Background: In March, 2016 the Planning Commission discussed priority levels of various staff items and asked that elevator housing be discussed after discussion of televisions in outdoor dining areas, text amendment to allow religious institutions in zones allowing assembly uses and reducing community alcohol problems associated with alcohol sales. At the November 17, 2015 Planning Commission meeting staff presented a memorandum regarding whether elevator housing should continue to be included as one of the roof structure elements that may exceed the height limit in commercial zones. Planning Commission consensus was to direct staff to bring back the item with more information. In April, 2015 Commissioner Allen requested and seconded by Commissioner Perrotti that this specific item be placed on a future agenda for discussion. Analysis: The following report for discussion and direction provides briefs on: 1.Existing Municipal Code provisions in the zoning ordinance; 2.Survey/comparison of how other cities address elevator housing or shafts in their zoning codes; 3.Building Code and ADA provisions related to elevators, roof access, ADA requirements; and 4.Manufacture specifications that address the current practice/technology for commercial elevators. Zoning Code Municipal Code Section 17.46.010.A authorizes certain structural elements to exceed the height in commercial and industrial zones by up to eight feet, provided that it covers no more than five percent of the total roof area (or if the height of the element is governed by Building Code standard, the File #:REPORT 17-0219,Version:1 Hermosa Beach Printed on 5/14/2017Page 1 of 4 powered by Legistar™197 File #:REPORT 17-0219,Version:1 element may exceed the height limit only by the amount necessary to comply with the Building Code). Additionally, in the C-2 and C-3 Zones, the voters set the height limit at 30 feet. (The voter-imposed height limit applies to all land zoned C-2 or C-3 at that time; thus, it includes SPA-11 zoned land along Pier Avenue as well). The exceptions from Section 17.46.010 pre-date the voter-approved height limit and thus, the height limit must be read to include these exceptions (as the height limit ordinance did not repeal them). 17.46.010 Height of roof structures. A. Commercial and Manufacturing Zones. The following elements may be constructed above the height limit, provided they do not exceed the height limit by more than eight (8) feet and cover no more than five (5) percent of the total roof area. Where the height of the element is governed by a uniform building code standard, the element may exceed the height limit only by the minimum amount necessary to comply with the uniform building code standards. 1. Elevator housing; 2. Stairways; 3. Tanks; 4. Ventilating fans; 5. Parapet fire walls; 6. Towers; 7. Chimneys; 8. Flues; 9. Vents; 10. Smokestacks; 11. Wireless masts; and 12. Similar structures as determined by the Planning Commission. C. No structure exceeding the height limit under this Section 17.46.010 shall result in additional floor area. This code section has governed the City’s review and permitting of commercial buildings for the last several decades, allowing very limited flexibility for architects/designers while ensuring that obstruction of views above the maximum height of building is minimized. Examples of recent projects where these elements are visible are the Beach House hotel and the adjacent municipal parking structure. The eight-foot maximum and five percent coverage maximum sets very strict limits to this allowance, and ensures that roof elements, including elevator housing, will not become excessively bulky or obstruct view, light and air for the general public that may view building roof tops from a variety of vantage points. Design professionals that work on commercial buildings find it very challenging to comply with the five percent rule, especially if a building contains uses that require alot of roof top mechanical equipment necessary for ventilation and exhausts (such as restaurants or buildings that contain parking structures). Other sections of the code govern the height allowances for wireless communication facilities and solar energy systems. Survey of Other Beach/Coastal Cities Twelve Southern California beach cities were surveyed to compare with Hermosa Beach’s approach and to survey whether elevators are permitted to exceed the building height of the underlying zone, and if so, what height is permissible and how much of the roof top area can be occupied by elevator housing and/or other roof equipment. A summary table and excerpts from the relevant codes are attached. The summary table shows that cities take a variety of approaches to dealing with elevator projections along with other types of roof equipment or projections. Of the 12 cities studied, 9 would allow for elevators to exceed building height. Allowances by these cities varied from four feet to eighteen feet, or are undefined. Some allow as a matter of right; some require a use permit. The summary table shows that a variety of methods are used by cities to ensure that mass and bulk of elevator housing Hermosa Beach Printed on 5/14/2017Page 2 of 4 powered by Legistar™198 File #:REPORT 17-0219,Version:1 on roof tops, as well as other equipment or projections, is limited, while balancing the need for roof top access and other building considerations that may be due to the Building Code, or to provide design options. California Building Code and Americans with Disabilities Act (ADA) Issues Like other structures within a building, elevators are regulated by the International Building Code (IBC). Chapter 30 establishes primary criteria for elevators, while other sections supplement the primary criteria with special provisions, such as requirements for accessible means of egress, elevator lobbies, and shaft enclosures for hoistways. Elevators must also comply with the requirements in the American Society of Mechanical Engineers (ASME),Safety Code for Elevators and Escalators, and ICC/ANSI,Accessible and Usable Buildings and Facilities, which are referenced by the IBC. Common Terminology An elevator shaft is a hoistway through which one or more elevator cars may travel. The machine room is typically located at the top of the elevator shaft and accommodates necessary equipment and ventilation components. A pit is the part of the elevator shaft that extends below the lowest landing floor level to the floor of the very bottom of the elevator shaft. Pits and Clearances Criteria for pits and clearances in hoistways between electric and hydraulic elevators are outlined in Section A17.1 Parts 2 and 3 of the ASME. For both types of elevators, the pit depth is based on the required equipment plus the minimum bottom car clearance of 24 inches when the elevator rests on fully compressed buffers or bumpers. For top clearances, the requirements are essentially the same, except dimensions tend to vary between electric elevators and hydraulic elevators. Therefore, for design purposes, it is recommended to consult manufacturers’ design criteria for the types of elevators required for individual buildings. The 24-inch top clearance is primarily required as a safety mechanism to provide a clear space while maintenance personnel are working atop the elevator car. Machine Rooms ASME A17.1 provides the majority of the technical requirements for machine rooms and spaces, but defers fire-resistive requirements to the Building Code. The minimum clear headroom in a machine room per ASME A17.1 is 7 feet. If fire resistance of the machine is not required by the Building Code, ASME A17.1 requires that machine rooms be constructed of noncombustible materials to a minimum height of 6.58 feet. In considering the height of elevator “penthouse” height above the roof level, consideration must be made for ADA accessibility to areas that others are able to access. If the roof has a deck available for employees and the public, it must be accessible to persons with disabilities. This requires an elevator, not a stairway, and in some cases extensive ramps. If the roof is not a deck and contains only equipment, interior stairs are sufficient for access by servicing personnel. Section 1509 of the California Building Code (CBC) addresses Rooftop Structures in regards to elevators as follows: 1509.2.1 Height above roof deck. Penthouses constructed on buildings shall not exceed 18 feet in height above the roof deck as measured to the average height of the roof of the penthouse. Exception: 1.Where used to enclose tanks or elevators that travel to the roof level, penthouses shall be permitted to have a maximum height of 28 feet above the roof deck. 1509.2.2 Area limitation. The aggregate area of penthouses and other enclosed rooftop structures shall not exceed one- third the area of the supporting roof deck. Such penthouses and other enclosed rooftop structures shall not be required to be included in determining the building area or number of stories as regulated by Section 503.1. The area of such penthouses shall not be included in determining the fire area specified in Section 901.7. 1509.2.3 Use limitations. Penthouses shall not be used for purposes other than the shelter of mechanical or electrical equipment, tanks, or vertical shaft openings in the roof assembly. Technology and Specifications for Elevators in Commercial Buildings Hermosa Beach Printed on 5/14/2017Page 3 of 4 powered by Legistar™199 File #:REPORT 17-0219,Version:1 This analysis is based on preliminary research into current elevator technology and is provided for purposes of this initial discussion. Further research would be required if in-depth information is desired, such as cost comparisons, car capacities, and number of floors able to be serviced by a given type or design. Attached are drawings of conventional traction and hydraulic elevators. Elevators are generally powered by electric motors that either drive traction cables or counterweight systems like a hoist, or pump hydraulic fluid to raise a cylindrical piston like a jack. Traction elevators (pull elevators) are lifted by ropes, which pass over a wheel attached to an electric motor above the elevator shaft. They are used for mid and high-rise buildings and have much higher travel speeds than hydraulic elevators. A counter weight makes the elevators more efficient. Machine-room-less elevators for traction elevators are becoming more common; however, many maintenance departments do not like them due to the hassle of working on a ladder as opposed to within a room. Hydraulic elevators (push elevators) are supported by a piston or pistons at the bottom of the elevator that push the elevator up. They are used for low-rise buildings of two to eight stories and travel at a maximum speed of two hundred feet per minute. The machine room for hydraulic elevators is located at the lowest level adjacent to the elevator shaft. Low-rise buildings up to approximately three stories typically use hydraulic elevators because of their lower initial cost. Mid-rise buildings of approximately four to elevent stories typically use geared traction elevators. The size of equipment is dependent on the building site, number of floor levels, floor plan and other project specific factors as well as cost factors which may be increased by soils type, high water tables and other factors. Based on preliminary research it appears that some type of structure that exceeds the roof surface is required for any lift system for equipment and/or ventilation. A substantial amount of further research would be required to provide more thorough analysis. Therefore, staff recommends that the Planning Commission provide direction and prioritize issues to focus staff’s efforts, while continuing the discussion of whether the current list of roof structures allowed to exceed the height limit should continue to include “elevator housing” (Municipal Code Section 17.46.010). Attachments: 1.Comparison Summary Table 2.Drawings of Conventional Traction and Hydraulic Elevators Respectfully Submitted by: Nicole Ellis, Assistant Planner and Bob Rollins, Building Official Concur: Kim Chafin, Senior Planner Approved: Ken Robertson, Community Development Director Hermosa Beach Printed on 5/14/2017Page 4 of 4 powered by Legistar™200 Comparison Table Jurisdiction Code Standards for Projections Above Permitted Height (Elevator Towers, Housing, Bulkheads, etc.) Additional Provisions Redondo Beach Maximum of four (4) feet San Clemente Maximum of 6 feet May exceed the height limit of the zone in which they are located by more than six feet with approval of a Minor Conditional Use Permit Dana Point Maximum of five (5) feet Must occupy no greater than ten (10) percent of the horizontal roof area Huntington Beach No more than 10 feet The Zoning Administrator may approve greater height with a Conditional Use Permit Santa Monica 18 ft. above the roofline Maximum Vertical Projection (ft.) Above the Height Limit 15% Maximum Aggregate Coverage of Building’s Roof Area Seal Beach Maximum Building Height (ft.) in the General Commercial zone is 35 feet B. Exceptions. Minor Use Permit approval pursuant to Chapter 11.5.20: Development Permits is required for exceptions to the screening of mechanical equipment where the screening enclosure may substantially increase the visual mass of the roof line of a structure and alternative treatment may be preferable. Costa Mesa Maximum Building/Structure Height in the C1, C2, and C1-S zone is 2 stories/30 feet Newport Beach May exceed the allowed height limit by the minimum height required by Title 15 (Building and Construction) Must not exceed thirty (30) square feet in area, unless a larger elevator is required by Title 15 and/or the Fire Department Encinitas All roof appurtenances including, but not limited to air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent properties; … Building heights may be modified or lowered in order to maintain a reasonable portion of the significant views enjoyed by nearby properties. Laguna Beach The height of any building shall not exceed thirty-six feet. The thirty-six-foot height limit includes …. mechanical equipment, mechanical enclosure, elevator shafts, stairways … required for the operation of the building. Manhattan Beach Height exceptions range from 1 foot to 10 feet for various roof mounted equipment (solar panels, wireless antennas, chimneys, etc.) excluding elevator shafts which must not extend beyond the maximum allowable building height. Huntington Beach ….. necessary mechanical appurtenances (except wind driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a Conditional Use Permit. Within the coastal zone, exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. 201 Drawings of Conventional Traction and Hydraulic Elevators http://www.electrical-knowhow.com/2012/04/elevators-types-and-classification-part.html 202 203 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 17-0292 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 Report on City Council Actions City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™204 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 17-0293 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 Status Report on Major Planning Projects City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™205 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0362 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 July 18, 2017 Planning Commission Tentative Future Agenda Items Recommended Action: To receive and file the July 18, 2017 Planning Commission tentative future agenda items. Attachment: 1. Planning Commission July 18, 2017 Tentative Future Agenda Respectfully Submitted by: Yu-Ying Ting, Administrative Assistant Concur: Kim Chafin, Senior Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™206 Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach July 18, 2017 Regular Meeting 7:00 P.M. Project Title Public Notice Meeting Date 1706 Manhattan Avenue—Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74670 for a two-unit condominium. 7/6 7/18 545 8th Street-- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74590 for a three-unit condominium. 7/6 7/18 1703 Manhattan Avenue-- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74969 for a two-unit condominium. 7/6 7/18 2851, 2901, 3001 and 3125 Pacific Coast Highway in Hermosa Beach (PDP14-24 & PARK14-9); and 305, 309 & 317 South Sepulveda Blvd and 1050 Duncan Avenue in Manhattan Beach—Informational session on the Draft Environmental Impact Report for the Skechers Design Center and Executive Offices Project, including opportunity for public comment (the public review and comment period for written comments is from June 16, 2017 to August 15, 2017). 6/15 7/18 f:\b95\cd\pc\future items\tent. future agendas\planning commission tentative agenda July. 2017 207 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0306 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of June 20, 2017 Community Development Department Activity Report of April, 2017 Recommended Action: To receive and file the April, 2017 Community Development Department activity report. Attachment: 1. Community Development Department activity report of April, 2017 Respectfully Submitted by: Yu-Ying Ting, Administrative Assistant Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™208 209 210 211 212 213 214 215