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HomeMy WebLinkAbout2017-07-18 PC AGENDAPlanning Commission City of Hermosa Beach Regular Meeting Agenda - Final City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers7:00 PMTuesday, July 18, 2017 1 July 18, 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 17-0411 Approval of The June 20, 2017 Planning Commission Action Minutes Recommendation:To approve the Planning Commission action minutes of the June 20, 2017 regular meeting. 6. Resolution(s) for Consideration - None Page 2 City of Hermosa Beach Printed on 3/21/2024 2 July 18, 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. *************************************************************************************************************** **** 17-0404 INFORMATION ONLY: PUBLIC HEARING NOTICES AND PROJECTS ZONING MAP Section II PUBLIC HEARING 7.REPORT 17-0415 CON 17-4, PDP 17-4, VTPM #74969 - Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74969 for a two-unit attached condominium project at 1703 Manhattan Avenue, 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. 74969 for a two-unit attached condominium project at 1703 Manhattan Avenue, subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). 8.REPORT 17-0403 CON 17-7, PDP 17-7, VTPM #74670 - Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74670 for a two-unit attached condominium project at 1706 Manhattan Avenue, 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. 74670 for a two-unit attached condominium project at 1706 Manhattan Avenue, 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 July 18, 2017Planning Commission Regular Meeting Agenda - Final 9.REPORT 17-0402 CON 17-6, PDP 17-6, VTPM #74590 - Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74590 for a three-unit condominium project at 545 8th Street, 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. 74590 for a three-unit condominium project at 545 8th Street, subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). 10.REPORT 17-0419 Informational Session on the Draft Environmental Impact Report for the proposed Skechers Design Center and Executive Offices project along the Sepulveda-Pacific Coast Highway corridor in Hermosa Beach and Manhattan Beach, including opportunity for public comment (the public review and comment period for written comments is from June 15, 2017 to August 15, 2017). (ITEM ADDED TO THE AGENDA ON JULY 15, 2017) 11.REPORT 17-0401 TEXT #17-3 -- Text Amendment to the Municipal Code, Title 17 (Zoning) Section 17.46.010 Height of Roof Structures, to state that for commercial and industrial zones citywide, all roof elements listed under Section 17.46.010.A are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards and determine the project is not subject to the California Environmental Quality Act (CEQA). Recommendation:Adopt the attached resolution recommending the City Council adopt a text amendment to state that for commercial and industrial zones citywide, all roof elements listed under Hermosa Beach Municipal Code (HBMC) Section 17.46.010.A are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Section III HEARING 12.REPORT 17-0418 C-36 -- CONDITIONAL USE PERMIT REVIEW PROCESS Recommendation:1. Confirm Planning Commission proposed revisions to the policy "Process and Standards for Review of On-Sale Alcoholic Beverage Conditional Use Permits"; and 2. Recommend City Council adopt the policy as revised. Page 4 City of Hermosa Beach Printed on 3/21/2024 4 July 18, 2017Planning Commission Regular Meeting Agenda - Final Section IV 13. Staff Items a.17-0406 Report on City Council Actions b.17-0407 Status Report on Major Planning Projects c.REPORT 17-0414 August 15, 2017 Planning Commission Tentative Future Agenda Items Recommendation:To receive and file the August 15, 2017 Planning Commission tentative future agenda items. d.REPORT 17-0405 Community Development Department Activity Report of May, 2017 Recommendation:To receive and file the May, 2017 Community Development Department activity report. 14. Commissioner Items 15. Adjournment Page 5 City of Hermosa Beach Printed on 3/21/2024 5 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0411 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 Approval of The June 20, 2017 Planning Commission Action Minutes Recommended Action: To approve the Planning Commission action minutes of the June 20, 2017 regular meeting. Attachment: 1. June 20, 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™6 1 Planning Commission Action Minutes June 20, 2017 ACTION MINUTES PLANNING COMMISSION City Hall Council Chambers 1315 Valley Drive Hermosa Beach, CA 90254 June 20, 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 May 16, 2017 Planning Commission Action Minutes. Recommendation: To approve the Planning Commission action minutes of the May 16, 2017 regular meeting. ACTION: To approve the May 16, 2017 action minutes as presented. MOTION by Commissioner Rice and seconded by Commissioner Hoffman. The motion carried by a unanimous vote. 7 2 Planning Commission Action Minutes June 20, 2017 6. RESOLUTION(S) FOR CONSIDERATION - None Section II HEARING 7. C-36 - Conditional Use Permit Review Process. 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. Coming forward to speak including Police Captain Milton McKinnon, Crime Analyst Jenette Osborne, Fire Chief Pete Bonano, Code Enforcement Officer Justin Edson from the staff and Heather Longridge, Raunda Frank, Ron Newman, Patrick Bastian and Greg Newman from the public. ACTION: The Commission supported the recommended changes and directed staff to bring back final wording to the Conditional Use Permit review process policy at the July 18, 2017 meeting. MOTION by Commissioner Pedersen and seconded by Commissioner Rice. The motion carried by a unanimous vote. Section III PUBLIC HEARING 8. 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. Coming forward to speak: John Masko, Michael Zislis, Shanie Los and Peter Lucey. ACTION: To adopt resolution approving subject Conditional Use Permit amendment subject to conditions with following modifications and determination that the project is categorically exempt from the California Environmental Quality Act: 8 3 Planning Commission Action Minutes June 20, 2017 1. Condition No. 2 “The permitted hours of operation for the interior dining areas shall not exceed 7:00 a.m. to 11:00 p.m. a.m. daily.” 2. Condition No. 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 closed secured and loitering shall not be permitted.” 3. Add a new condition as Condition No. 7: No more than two televisions shall be permitted within the building. MOTION by Commissioner Hoffman and seconded by Commissioner Rice. The motion carried by the following vote: AYES: Comms. Hoffman, Pedersen, Rice, Saemann Chmn. Flaherty NOES: None ABSTAIN: None ABSENT: None 9. 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 subject to conditions and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Commissioner Saemann recused himself due to living in close proximity to the project site. Coming forward to speak: Nagy Bakhoum, Charles Weissman and Matt Raymond. ACTION: To adopt resolution approving subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74292 for a three-unit condominium project with revision to Condition No. 3b to correctly state the number of required parking spaces to be nine (9) rather than ten (10), 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, Chmn. Flaherty NOES: None ABSTAIN: None ABSENT: Comm. Saemann 9 4 Planning Commission Action Minutes June 20, 2017 10. 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. Coming forward to speak: None ACTION: To adopt resolution, as presented, 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. 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 Section IV 11. Staff Items a. Whether “elevator housing” should continue to be included as one of the roof structure elements that may exceed the height limit in commercial zones. ACTION: To approve staff 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. MOTION by Commissioner Hoffman and seconded by Commissioner Pedersen. The motion carried by a unanimous vote. b. Report on City Council Actions 10 5 Planning Commission Action Minutes June 20, 2017 c. Status Report on Major Planning Projects d. July 18, 2017 Planning Commission Tentative Future Agenda Items e. Community Development Department Activity Report of April, 2017 12. Adjournment The meeting was adjourned at 10:54 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 June 20, 2017. Michael Flaherty, Chairperson Ken Robertson, Secretary Date 11 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 17-0404 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 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™12 Easy Reader Run Date: July 6, 2017 DISPLAY Acct: 7010-2110 City of Hermosa Beach PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public hearing on Tuesday, July 18, 2017, to consider the following: 1. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74670 for a two- unit condominium project at 1706 Manhattan Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act. 2. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74590 for a three- unit condominium project at 545 8th Street, and determination that the project is categorically exempt from the California Environmental Quality Act. 3. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74969 for a two- unit condominium project at 1703 Manhattan Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act. 4. Text Amendment to the municipal code, Title 17 (zoning) section 17.46.010 height of roof structures, to state that elevator housing for commercial and industrial zones citywide may exceed the height limit only to the extent required to meet the California Building Code requirements and determine the project is not subject to the California Environmental Quality Act (CEQA). SAID PUBLIC HEARINGS shall be held at 7:00 P.M., or as soon thereafter as the matter may be heard, in the City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254. ANY AND ALL PERSONS interested are invited to participate and speak at these hearings at the above time and place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the Community Development Department, Planning Division, in care of City Hall at 1315 Valley Drive, Hermosa Beach, CA 90254 prior to Thursday, July 13, 2017, at 12:00 noon. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Community Development Department, Planning Division, at, or prior to, the public hearing. FOR FURTHER INFORMATION, please contact the Community Development Department, Planning Division, at (310) 318-0242 or fax to (310) 937-6235. The Department is open from 7:00 a.m. to 6:00 p.m. Monday through Thursday. Please contact a staff planner to discuss any project on the Planning Commission agenda. A copy of the staff report(s) in the Planning Commission packet will be available for public review at the end of the business day on Thursday, July 13, 2017, at the Hermosa Beach Police Department, Public Library, and on the City’s website at www.hermosabch.org. Relevant Municipal Code sections are also available on the website. Elaine Doerfling City Clerk f:95\CD\Notice (Legal Ad)\2017\Planning Commission\pc06-28-17.docx 13 14 Projects Zoning Map Planning Commission Meeting-July 18, 2017 1703 Manhattan Ave 2-Unit Condo Zone: R-2 1706 Manhattan Ave 2-Unit Condo Zone: R-2 545 8th St 3-Unit Condo Zone: R-3 North 15 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0415 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 CON 17-4,PDP 17-4,VTPM #74969 -Conditional Use Permit,Precise Development Plan and Vesting Tentative Parcel Map No.74969 for a two-unit attached condominium project at 1703 Manhattan Avenue,and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Applicant/Gregory & Leigh Richart and Daniel & Lisa Nguyen Owner:5 Buggy Whip Drive Rolling Hills, CA 90274 Recommended Action: Adopt the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74969 for a two-unit attached condominium project at 1703 Manhattan Avenue, subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Background: GENERAL PLAN:Medium Density Residential ZONING:Two-Family Residential (R-2) LOT SIZE:4,550 square feet PROPOSED SQUARE FOOTAGE:Unit 1: 4,346 square feet Unit 2: 3,956 square feet PARKING REQUIRED:4 Standard/1 Guest PARKING PROVIDED:4 Standard/2 Guest ON STREET PARKING LOST/GAINED:No on street parking lost or gained ENVIRONMENTAL DETERMINATION:Categorically Exempt, CEQA Section 15303(b) (Class 3 Exemption, New Construction or Conversion of Small Structures) The applicant proposes to demolish a duplex and construct two attached condominium units on a 4,550 square foot lot, located between Manhattan Avenue and Palm Drive. City of Hermosa Beach Printed on 2/20/2024Page 1 of 5 powered by Legistar™16 Staff Report REPORT 17-0415 Unit 1 contains a basement floor level with two-car garage, laundry room, recreational room; the first floor level contains three bedrooms and three bathrooms; and the third floor level contains three bedrooms and three bathrooms; and the third level contains the deck, kitchen, living and dining room. Unit 2 contains a basement floor level with two-car garage, game room and theater room, the first floor level contains four bedrooms, four bathrooms and laundry room, and the second floor level contains the deck, kitchen, living and dining room. 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 Hermosa Beach Municipal Code (HBMC) 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 (two) 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-2 zone and design standards for condominiums in Section 17.22. CRITERIA REQUIRED PROVIDED Minimum Lot Area for 2 Units 3,500 Sq. Ft.4,550 Sq. Ft. Lot Coverage Maximum 65%65% Height Maximum 30’30’ Front Yard Setback Minimum 5’5’ Side Yard Setback Minimum 4’-6 7/8”South: 4’-8 3/8” North: 4’-9 ½” Rear Yard Setback Minimum 3’ (1st level) and 1’ (2nd and 3 rd levels) 10’ 6” (1st level) and 6’ (2nd and 3rd levels) Total Parking Spaces Minimum 5 spaces total 8 spaces total Garage Spaces Minimum 4 (2 per unit)4 (2 per unit) Guest Space Minimum 1 space per 2 units Unit 1: 1 designated guest space Unit 2: 1 designated guest space Driveway Maximum Slope 12.5%4.6% Open Space Per Unit Minimum 300 Sq. Ft. per unit Unit 1: 732 Sq. Ft. Unit 2: 355 Sq. Ft. Minimum Unit Size Unit 1: 1,400 Sq. Ft. Unit 2: 1,600 Sq. Ft. Unit 1: 4,346 Sq. Ft. Unit 2: 3,956 Sq. Ft. Storage Area (Per Unit) Minimum 200 Cu. Ft.Unit 1: 645 Cu. Ft. Unit 2: 214 Cu. Ft. Solid Waste Area (Per Unit)Area for 3 bins at 2.5’ by 2.5’ each Minimum of 3 bins at 2.5’ by 2.5’ area in north and south side yard adjacent to each garage City of Hermosa Beach Printed on 2/20/2024Page 2 of 5 powered by Legistar™17 Staff Report REPORT 17-0415 CRITERIA REQUIRED PROVIDEDMinimum Lot Area for 2 Units 3,500 Sq. Ft.4,550 Sq. Ft.Lot Coverage Maximum 65%65%Height Maximum 30’30’Front Yard Setback Minimum 5’5’Side Yard Setback Minimum 4’-6 7/8”South: 4’-8 3/8” North: 4’-9 ½”Rear Yard Setback Minimum 3’ (1st level) and 1’ (2nd and 3rd levels)10’ 6” (1st level) and 6’ (2ndand 3rd levels)Total Parking Spaces Minimum 5 spaces total 8 spaces totalGarage Spaces Minimum 4 (2 per unit)4 (2 per unit)Guest Space Minimum 1 space per 2 units Unit 1: 1 designated guest space Unit 2: 1 designated guest space Driveway Maximum Slope 12.5%4.6% Open Space Per Unit Minimum 300 Sq. Ft. per unit Unit 1: 732 Sq. Ft. Unit 2: 355 Sq. Ft. Minimum Unit Size Unit 1: 1,400 Sq. Ft. Unit 2: 1,600 Sq. Ft. Unit 1: 4,346 Sq. Ft. Unit 2: 3,956 Sq. Ft. Storage Area (Per Unit) Minimum 200 Cu. Ft.Unit 1: 645 Cu. Ft. Unit 2: 214 Cu. Ft. Solid Waste Area (Per Unit)Area for 3 bins at 2.5’ by 2.5’ each Minimum of 3 bins at 2.5’ by 2.5’ area in north and south side yard adjacent to each garage 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 will provide a two-car garage. Parking for Unit 1 and Unit 2 will be provided from Palm Drive with one designated guest parking space located in tandem with the garage for each unit. There is no loss or gain in on-street parking from Manhattan Avenue because all parking is provided on site. 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 Golden Breath of Heaven, Brightstar Yucca, New Zealand Flax, Sienna Sunrise Bamboo, Rock Purslane, Afterglow, Purple Pixie Loropetalum, Silver Carpet, and Red Rocket Crape Myrtle. Pursuant to Section 8.44 Hermosa Beach Stormwater and Urban Runoff Pollution Control Regulations of the Hermosa Beach Municipal Code, the landscape plans shows more than 50% permeable exterior surface area on-site and also incorporating a stormwater filtration system to retain water on-site. Additionally an automatic irrigation system is proposed for the landscape areas. 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-2 Two- Family Residential to the east and west. In addition, the surrounding properties to the south are zoned R-3 Multiple Family Residential. Similar residential development is found in the surrounding area comprised primarily of multi-story, multi-family residences. The proposed layout of the buildings is similar to and consistent with residential use types in the immediate neighborhood. Subdivision Map: The applicant has applied for a Vesting Tentative Parcel Map. The 4,550 square foot lot can accommodate two units consistent with the minimum requirement of 1,750 square feet of City of Hermosa Beach Printed on 2/20/2024Page 3 of 5 powered by Legistar™18 Staff Report REPORT 17-0415 lot area per dwelling 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 Area fees. Utilities provided to the lot 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, and the site is physically suitable for the type and density of proposed development. Therefore, staff recommends adoption of the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74969 for a two-unit attached condominium project with parking access from Bayview Drive and determines the project is Categorically Exempt from the California Environmental Quality Act (CEQA). 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 Photograph 3.Poster Verification 4.Radius Map 5.Applicant’s Submittal Respectfully Submitted by: Kathy Khang, Assistant Planner City of Hermosa Beach Printed on 2/20/2024Page 4 of 5 powered by Legistar™19 Staff Report REPORT 17-0415 Concur: Kim Chafin, Senior Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 5 of 5 powered by Legistar™20 1 P.C. Resolution 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENATIVE PARCEL MAP NO. 74969 FOR A TWO-UNIT ATTACHED CONDOMINIUM PROJECT AT 1703 MANHATTAN AVENUE, LEGALLY DESCRIBED AS SE ½ OF LOT 32 AND ALL OF LOT 33, TRACT 1132, 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 May 30, 2017 by the property owner/applicant Gregory & Leigh Richart and Daniel & Lisa Nguyen, for development of property located at 1703 Manhattan Avenue, seeking approval of Conditional Use Permit 17-4, Precise Development Plan 17-4, and Vesting Tentative Parcel Map #74969 for a two-unit attached residential condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on July 18, 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 (two) of new, small structures. More specifically, the project is comprised of multi- family residential structures in an urbanized area, totaling no 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 a duplex and develop a two-unit attached residential condominium project. 2. The subject property contains approximately 4,550 square feet, is designated Medium Density Residential on the General Plan Map, and R-2 Two-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 pursuant to the California Government Code Section 66474 and Sections 16.08.060 and 16.16.060 of the Municipal Code: 21 2 3. The proposal is consistent with the General Plan Medium Density Residential designation and R-2 zone because the project is an allowed use and has a density of less than 25 dwelling units per acre, and as conditioned complies with all standards. 4. The site is physically suitable for a two-unit attached residential condominium project with Unit 1 and Unit 2 containing three levels with an additional basement level. Each unit will provide a two-car garage. One designated guest parking space for each unit is provided from Palm Drive and is located in tandem with the garage. 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 Palm 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 single-and 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 patterns 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. 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-2 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. 22 3 12. The proposal is consistent with the General Plan Medium Density Residential designation and R-2 zone because the project is an allowed use and has a density of less than 25 units per acre, and as conditioned complies with all standards. 13. The site is zoned R-2 and is physically suitable for a two-unit attached residential condominium project with Unit 1 and Unit 2 containing three levels with an additional basement level. Each unit will provide a two-car garage. One designated guest parking space for each unit is provided from Palm Drive and is located in tandem with the garage. 14. Both Units 1 and 2 comply with Section 17.12.080 of R-2 Two-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 the minimum requirement of 1,600 square feet for Unit 1 and Unit 2, the project does not exceed the 30 foot height limit, minimum open space of 300 square feet is met, and the front setback meets the five-foot minimum requirement. 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. 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 two-unit attached 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 23 4 July 18, 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-2 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 the issuance of Certificate of Occupancy. b) Six (6) parking spaces (four garage spaces and two designated guest spaces in tandem with the garages) 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 and the CC&Rs shall reflect this condition. 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 24 5 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. 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 25 6 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 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. 10. 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. 11. 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. 12. 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 illumination shall be shown on plans. Address numbering and display shall be subject to approval by the Community Development Department. Public Works 13. 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. 14. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 26 7 15. 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. 16. 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. 17. 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. 18. Sewer main work may be required after review of sewer lateral video. 19. 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 20. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter 16.08 of the Municipal Code. 21. 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. 22. 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 23. 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. 27 8 24. 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. 25. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. Other: 26. 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. 27. 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. 28. The Planning Commission may review this Conditional Use Permit, Precise Development Plan and Vesting Tentative Map 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. 29. 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. 28 9 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. 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 July 18, 2017. Michael Flaherty, Chairman Ken Robertson, Secretary Date 29 Attachment 2 Existing Site Photograph 30 Attachment 3 Poster Verification 31 32 33 34 35 36 37 38 39 40 41 42 PROJECT NO.REVISIONSSTAMPPROJECTMANHATTAN BEACH2617 N. SEPULVEDA16035TOMARO DESIGN GROUP EXPRESSLYRESERVES ITS COMMON LAW COPYRIGHTAND OTHER PROPERTY RIGHTS IN THESEPLANS. THESE PLANS ARE NOT TO BEREPRODUCED, CHANGED OR COPIED IN ANYFORM OR MANNER WHATSOEVER, NOR ARETHEY TO BE ASSIGNED TO ANY THIRDPARTY WITHOUT FIRST OBTAINING THEEXPRESS WRITTEN PERMISSION ANDCONSENT OF TOMARO DESIGN GROUPCOPYRIGHTPRINT DATEDRAWINGCALIFORNIA 90266FAX: 310-318-9400WWW.TOMARO.COMTEL: 310-318-8089SHEET NO.ARCHITECTURECA 902541703HERMOSA BEACHMANHATTAN AVE.ELEVATIONSA.07SOUTH ELEVATIONSCALE: 1/4"=1'-0"43 44 45 46 47 48 49 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0403 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 CON 17-7, PDP 17-7, VTPM #74670 - Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74670 for a two-unit attached condominium project at 1706 Manhattan Avenue, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). APPLICANT/1501 Monterey, LLC Bob Salim OWNER:1516 The Strand Manhattan Beach, CA 90266 Recommended Action: Adopt the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74670 for a two-unit attached condominium project at 1706 Manhattan Avenue, subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Background: GENERAL PLAN:Medium Density Residential ZONING:Two-Family Residential (R-2) LOT SIZE:3,699 square feet PROPOSED SQUARE FOOTAGE:Unit 1: 2,575 square feet Unit 2: 3,111 square feet PARKING REQUIRED:4 Standard/1 Guest PARKING PROVIDED:4 Standard/3 Guest ON STREET PARKING LOST/GAINED:No on street parking lost or gained 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 one-car garage and construct two attached condominium units on a 3,699 square foot lot, located between Manhattan Avenue and Bayview Drive. Unit 1 contains a first floor level with a two-car garage and bedroom and bathroom; the second floor level contains two additional bedrooms and bathrooms as well as laundry room; and the third floor City of Hermosa Beach Printed on 2/20/2024Page 1 of 4 powered by Legistar™50 Staff Report REPORT 17-0403 level contains the kitchen, living and dining room. Unit 2 contains a basement level with a bedroom and bathroom; the first floor level contains a two-car garage, bedroom and bathroom as well as laundry room; the second floor level contains two additional bedrooms and bathrooms; and the third floor level contains the kitchen, living and dining room. 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 Hermosa Beach Municipal Code (HBMC) 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 (two) 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-2 zone and design standards for condominiums in Section 17.22. CRITERIA REQUIRED PROVIDED Minimum Lot Area for 2 Units 3,500 Sq. Ft.3,699 Sq. Ft. Lot Coverage Maximum 65%64.45% Height Maximum 30’30’ Front Yard Setback Minimum 5’7.04’ and 5.5’ Side Yard Setback Minimum 5’5.09’ and 5.08’ Rear Yard Setback Minimum 3’ (1st level) and 1’ (2nd and 3rd levels) 6.64’ Total Parking Spaces Minimum 5 spaces total 7 spaces total Garage Spaces Minimum 4 (2 per unit)4 (2 per unit) Guest Space Minimum 1 space per 2 units Unit 1: 2 Unit 2: 1 Driveway Maximum Slope 12.5%12.3% Open Space Per Unit Minimum 300 Sq. Ft. per unit Unit 1: 301 Sq. Ft. Unit 2: 376 Sq. Ft. Minimum Unit Size Unit 1: 1,400 Sq. Ft. Unit 2: 1,600 Sq. Ft. Unit 1: 2,575 Sq. Ft. Unit 2: 3,111 Sq. Ft. Storage Area (Per Unit) Minimum 200 Cu. Ft.Unit 1: 226 Cu. Ft. Unit 2: 357 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 in north side yard adjacent to each garageCity of Hermosa Beach Printed on 2/20/2024Page 2 of 4 powered by Legistar™51 Staff Report REPORT 17-0403 CRITERIA REQUIRED PROVIDEDMinimum Lot Area for 2 Units 3,500 Sq. Ft.3,699 Sq. Ft.Lot Coverage Maximum 65%64.45%Height Maximum 30’30’Front Yard Setback Minimum 5’7.04’ and 5.5’Side Yard Setback Minimum 5’5.09’ and 5.08’Rear Yard Setback Minimum 3’ (1st level) and 1’ (2nd and3rd levels)6.64’Total Parking Spaces Minimum 5 spaces total 7 spaces totalGarage Spaces Minimum 4 (2 per unit)4 (2 per unit)Guest Space Minimum 1 space per 2 units Unit 1: 2 Unit 2: 1Driveway Maximum Slope 12.5%12.3%Open Space Per Unit Minimum 300 Sq. Ft. per unit Unit 1: 301 Sq. Ft. Unit 2: 376 Sq. Ft. Minimum Unit Size Unit 1: 1,400 Sq. Ft. Unit 2: 1,600 Sq. Ft. Unit 1: 2,575 Sq. Ft. Unit 2: 3,111 Sq. Ft. Storage Area (Per Unit) Minimum 200 Cu. Ft.Unit 1: 226 Cu. Ft. Unit 2: 357 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 in north side yard adjacent to each garage Covenants, Conditions and Restrictions (CC&R’s) have been submitted and have been reviewed for compliance with applicable sections of the zoning ordinance. Access and Parking: Each unit will provide a two-car garage. Parking for Unit 1 will be provided from Manhattan Avenue with two designated guest parking spaces located in tandem with the garage. Parking for Unit 2 will be provided from Bayview Drive with one designated guest parking space provided in tandem with the garage. The existing curb cut along Manhattan Avenue will be removed, relocated and enlarged from 9.38 feet to 15 feet in width. Three on-street parking spaces will be maintained with slightly reduced dimensions that meet City requirements. 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 Blue Chalksticks, Cassa Blue Flax Lily, Dwarf Fruitless Olive trees and Coastal Rosemary. The project will also incorporate synthetic turf along the Manhattan Avenue frontage. The landscape plan shows less than 50% permeable exterior surface area on-site. Therefore, the project is conditioned to include catch basins with sump pumps to retain water on-site pursuant to HBMC Section 8.44 Hermosa Beach Stormwater and Urban Runoff Pollution Control Regulations. Additionally an automatic irrigation system is proposed for the landscape areas. 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-2 Two- Family Residential. Similar residential development is found in the surrounding area comprised primarily of multi-story, multi-family residences. The proposed layout of the buildings is similar to and consistent with residential use types in the immediate neighborhood. Subdivision Map: The applicant has applied for a Vesting Tentative Parcel Map. The 3,699 square foot lot can accommodate two units consistent with the minimum requirement of 1,750 square feet of lot area per dwelling 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 Area fees. Utilities provided to the lot 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 City of Hermosa Beach Printed on 2/20/2024Page 3 of 4 powered by Legistar™52 Staff Report REPORT 17-0403 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, and the site is physically suitable for the type and density of proposed development. Therefore, staff recommends adoption of the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74670 for a two-unit attached condominium project with access from Manhattan Avenue and Bayview Drive and determines the project is Categorically Exempt from the California Environmental Quality Act (CEQA). 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.Poster Verification 3.Radius Map 4.Applicant Submittal 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 4 of 4 powered by Legistar™53 1 P.C. Resolution 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENATIVE PARCEL MAP NO. 74670 FOR A TWO-UNIT ATTACHED CONDOMINIUM PROJECT AT 1706 MANHATTAN AVENUE, LEGALLY DESCRIBED AS LOT 7, BLOCK 50, FIRST ADDITION TO HERMOSA BEACH, 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 May 9, 2017 by the property owner/applicant Bob Salim with 1501 Monterey, LLC, for development of property located at 1706 Manhattan Avenue, seeking approval of Conditional Use Permit 17-7, Precise Development Plan 17-7, and Vesting Tentative Parcel Map #74670 for a two-unit attached residential condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on July 18, 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 (two) of new, small structures. More specifically, the project is comprised of multi- family residential structures in an urbanized area, totaling no 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 a single family residence with a detached one- car garage and develop a two-unit attached residential condominium project. 2. The subject property contains approximately 3,699 square feet, is designated Medium Density Residential on the General Plan Map, and R-2 Two-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 pursuant to the California Government Code Section 66474 and Sections 16.08.060 and 16.16.060 of the Municipal Code: 54 2 3. The proposal is consistent with the General Plan Medium Density Residential designation and R-2 zone because the project is an allowed use and has a density of less than 25 dwelling units per acre, and as conditioned complies with all standards. 4. The site is physically suitable for a two-unit attached residential condominium project with Unit 1 containing three levels and Unit 2 containing 3 levels with an additional basement level. Each unit will provide a two-car garage. Parking for Unit 1 will be provided from Manhattan Avenue with two designated guest parking spaces located in tandem with the garage. Parking for Unit 2 will be provided from Bayview Drive with one designated guest parking space provided in tandem with the garage. 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 Manhattan Avenue and Bayview 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 single-and 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 patterns 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. 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-2 zone and condominium ordinance. 55 3 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 Medium Density Residential designation and R-2 zone because the project is an allowed use and has a density of less than 25 units per acre, and as conditioned complies with all standards. 13. The site is zoned R-2 and is physically suitable for a two-unit attached residential condominium project with Unit 1 containing three levels and Unit 2 containing 3 levels with an additional basement level. Each unit will provide a two-car garage. Parking for Unit 1 will be provided from Manhattan Avenue with two designated guest parking spaces located in tandem with the garage. Parking for Unit 2 will be provided from Bayview Drive with one designated guest parking space provided in tandem with the garage. 14. Both Units 1 and 2 comply with Section 17.12.080 of R-2 Two-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 the minimum requirement of 1,400 square feet for Unit 1 and 1,600 square feet for Unit 2, the project does not exceed the 30 foot height limit, minimum open space of 300 square feet is met, and the front setback meets the five-foot minimum requirement. 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. 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 two-unit attached condominium project subject to the following Conditions of Approval: 56 4 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 July 18, 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-2 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 the issuance of Certificate of Occupancy. b) Seven (7) parking spaces (four garage spaces and three designated guest spaces in tandem with the garages) 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 and the CC&Rs shall reflect this condition. 4. The project shall comply with all requirements of the Building Division, Public Works Department, and Fire Department, and the Hermosa Beach Municipal Code. 57 5 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. 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 58 6 (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 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. 10. 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. 11. 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. 12. 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 illumination shall be shown on plans. Address numbering and display shall be subject to approval by the Community Development Department. Public Works 13. 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. 59 7 14. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 15. 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. 16. 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. 17. 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. 18. Sewer main work may be required after review of sewer lateral video. 19. 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 20. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter 16.08 of the Municipal Code. 21. 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. 22. 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 23. 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. 60 8 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. 24. 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. 25. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. Other: 26. 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. 27. 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. 28. The Planning Commission may review this Conditional Use Permit, Precise Development Plan and Vesting Tentative Map 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. 29. 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. 61 9 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: CERTIFICATION I hereby certify 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 July 18, 2017. Michael Flaherty, Chairman Ken Robertson, Secretary Date 62 Attachment 2 Poster Verification 63 64 65 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801CSPROPOSED 2 UNIT CONDOMINIUM FORBOB SALIM1706 Manhattan Avenue, Hermosa BeachLegal DescriptionZoning:Setbacks Front: Sides: Rear:Height Limit:Parking:Type of Construction:Occupancies:Number of Stories:Sprinkler System:Code ResearchBasement LivingFirst Level LivingSecond Level LivingThird Level LivingTotal LivingGarageDecks:Storage:Open Space:Lot Area:Lot CoverageAreasR-25'-0" Minimum5'-0" Minimum3'-0" Minimum - First Floor1'-0" Minimum - Second/Third Floor30'-0"/Max7 Total ; 4 Enclosed at Garages ; 3 GuestV-BR3 at Living; U at Garage3 at Unit #1, 3 + Basement at Unit #2Required Throughout Residence andGarage: Licensed Installer Shall SubmitShop Drawings for Approval Prior toInstallation0 sq. ft.520 sq. ft.1,116 sq. ft.939 sq. ft.2,575 sq. ft.413 sq. ft.360 sq. ft.226 cu.ft.301 sq. ft.3,699 sq. ft.2,384 sq. ft. =64.45% < 65% Max.Structural DetailsStructural DetailsStructural DetailsStructural DetailsHardy Frame Details and SpecsHardy Frame Details and SpecsHardy Frame Details and SpecsSoils RecommendationsFirst Level Electrical PlanSecond Level Electrical PlanThird Level Electrical PlanGeneral Notes & SpecificationsGeneral Notes & SpecificationsTitle 24 Energy CalculationsGreen Building StandardsGreen Building StandardsGreen Building StandardsTopographic SurveyLandscape PlanIrrigation PlanLandscape NotesLandscape NotesS8:S9:S10:S11:S12:S13:S14:S15:E1:E2:E3:GN1:GN2:GBS-1:GBS-2:GBS-3:TS:L1:L2:L3:L3.1:SHEET INDEXGeneral Project InformationPrivate Improvements PlanErosion Control PlanSite PlanParking PlanBasement/First Floor PlanFirst/Second Floor PlanSecond/Third Floor PlanThird Floor/Roof PlanDoor & Window SchedulesExterior ElevationsExterior ElevationsBuilding Cross SectionsBuilding Cross SectionsRoof Plan / Roof DetailsCritical Points for HeightArchitectural DetailsArchitectural DetailsArchitectural DetailsStructural NotesFoundation PlanFirst Floor Framing PlanSecond Floor Framing PlanRoof Framing PlanStructural DetailsStructural DetailsCS:C1:C2:A1:A1a:A2:A3:A4:A5:A6:A7:A8:A9:A10:A11:A12:A13:A14:S1:S2:S3:S4:S5:S6:S7:DOUGLAS J. LEACH, ARCHITECTS, INC.Douglas J. Leach119 W. Torrance Blvd., Suite 24Redondo Beach, CA 90277Phone: (310) 372-5580Fax: (310) 318-5801ARCHITECT:ARCHITECT & CONSULTANTSSTRUCTURAL ENGINEER:MELISSA ALVESMelissa Alves512 Ave. G #321Redondo Beach, CA 90277Phone: (310) 341-8658TITLE 24 CALCULATIONS:SURVEYOR:T.B.D.Location of service shall be approved by Southern California Edison Company.All interior doors shall be Douglas fir paneled doors with 1-3/4" thickness solid core approved by owner.Doors that swing over a landing or porch require a landing equal to the width of the floor in length andnot more than 1/2" below threshold. Doors that do not swing over a top step or landing may open on alanding or top step that is not more than 8" below floor level.Provide a water saving low flush water closet. Max. 1.6 gallons per flush. Shower heads (2.5 GallonsPer Minute), & faucets (2.2 GPM).Materials other than structural elements shall be moisture resistant. Wall coverings shall be cementplaster or tile, 70""high above drain of shower or tub with shower. Thin set tile on 5/8" water resistantGypsum Board at walls. Set tile over min. ¾" mortar bed over approved shower pan at floors.Glass doors and walls panels of bathtubs and shower enclosures shall be laminated, fully tempered orwire glass.Glass, which is less than 60" from a floor and within a 24" arc of a doorway's vertical edge, must betempered glass.Drip pans or other devices for laundry room, waters and dishwashers must be approved.Provide a one horsepower waste disposal.Plumb refrigerator space for icemaker.All plumbing walls shall be 2 x 6 studs.Provide tile or granite countertops at bathrooms per owner. All bathroom countertops heights to be 36"high.Provide granite countertops at kitchen per owner.Provide smooth steel trowel finish at all stucco.Provide R-11 or R-13 insulation at interior walls of all bathrooms and bedrooms. Provide R-30insulation between floors.Provide a sectional roll-up garage door with automatic opener, and detail as shown on elevation.French doors shall be recessed as shown on plans.Provide standing seam metal roof w/ seams @ 16" O.C.Handrail or guardrail on open side shall not allow that a 4" diameter sphere pass through; and the openspace at riser, tread and bottom element of guardrail shall not allow a 6" diameter sphere pass through.All hose bibs shall be protected by back flow prevention device.Important Note: HVAC installer shall confer with Architect for necessary furr down locations. Consultwith owner for possible FAU with Air Conditioning capability. Provide zoned heating.All heating systems shall have automatic thermostats with a clock mechanism which the buildingoccupant can manually set back; and thermostat set point at least 2 periods within 24 hours, perSection 150 (F) of CEC.F.A.U. in atticA. Provide plywood sheathing at entire attic space.B. Double joists supporting FAU unit and provide seismic sway braces.C. Provide electrical outlet, light and switch @ accessD. Condensation drain to approved plumbing fixture required, if any.E. Provide a 30" x 30" working space in front of the FAU, with 30" headroomF. Provide 30" side attic access with fold down ladder.Provide circulation intake air supply duct of 2 square inches per 1000 BTU for F.A.U.Clothes dryer moisture exhaust ducts are limited to 14' with two elbows. Reduce this length by 2' foreach elbow in excess of two. Duct shall be minimum 4" diameter smooth metal.Provide "Isokern" fireplaces or "DESA FIREPLACE" ESR-2542 or approved equal at metal fireplaces.Provide 1-1/8" plwd. floor sheathing typical. Provide 5/8" plywood roof sheathing typical.All windows and French doors shall have clad finish.Building address shall be provided on the building in such a position as to be plainly visible from thestreet, CBC section 502. Internally illuminated address sign shall not contain a screw-base socket andconsume no more than 5 watts of power as determined according to Section 130(d) - per Section 150(K) 14.Provide a 12" minimum access panel to bathtub trap slip joint connection or use rigid type connections.Control valve for shower and tub shall be of the pressure balance or thermostatic mixing valve type,section 410.7 CPC.Laundry room door shall have 100 square inch minimum for dryer make up air (CMC section 908.2).Provide baseboard and window and door casing and crown moulding as selected by general contractorand approved by owners.Provide straight edge at interior walls, typical.Provide smooth texture at all walls and ceilings.Provide tankless water heater.Provide water heater vent to outside.Slope grade or paving away from building, minimum 1% slope.Provide stone over waterproof membrane.Provide the following at all stairways/steps:Minimum 36" wide stairway and landings.Maximum 7.75" rise; minimum 10" run for private stairways (7" rise, 11" run for common areas servingR1).The largest rise or run in a flight of stairs may not exceed the smallest by more that 3/8".Headroom over stairs to be 6'-8" minimum from nosing of tread.Guardrail on open side of stairs over 30" above floor or adjacent grade. May serve as handrail also.Guardrail may be 34" to 38" high only at open side of stairs.Handrail (required for 4 or more risers) 34" to 38" above tread nosing,1 ½" clearance to wall, 1 ½" to 2" in cross section, with ends returned to wall or terminate at newel orsafety post. Show handrail continuous for the length of the stairs.Enclosed usable space under stairs to be protected by 1-hour fire resistive materials.Exterior doors, doors between house and garage, and their hardware shall conform to the followingsecurity provisions:Doors shall be equipped with dead locking latch and dead bolt with hardened insert with 1" minimumthrow and 5/8" minimum embedment into jamb. Both are to be key operated from the outside.Windows and door lights within 40" of the locking device shall be fully tempered/burglary resistant/orprotected by bars.Overhead and sliding garage doors shall be capable of being securely locked when not otherwiselocked by power operation.Sliding glass doors and sliding windows shall be capable of withstanding forced entry attempts asoutlined in [6706.7].1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.a.b.c.d.e.f.g.41.a.b.c.d.PROJECT GENERAL NOTESSee site plan for all setbacks and parking requirements.See Detail for typical cutting, boring and notching through wood framing.See Detail for typical one-hour wall and ceiling details.See Detail for typical door and windows.All utilities serving the site shall be installed per City of Hermosa Beach "Standard UndergroundConnection" subject to field inspection and verification. Contact Southern California Edison Company.Obtain Sanitation District approval for any new sewer construction.An approved backwater valve is required for drainage piping serving fixtures located below theelevation of the next upstream manhole cover. Fixtures above such elevation shall not dischargethrough the backwater valve (UPC 710.1).Check city records to determmine existence of cesspool on property. Any existing cesspool shall belocated and inspected by city personnel before demolition or building permits can be issued.Section 9.01.100 Sustainable Building Requirements for R-2 and R-3 Occupancies: Section 419.7 is hereby added per the above climatic findings as follows:- Sustainable building. All new R-2 and R-3 occupancies are required to incorporate all thefollowing sustainable building practices in addition to the requirements of the CEC, Title24, Part 6 unless waived by the building official.1. Insulate all hot water piping2. Install low emitting insulation in required areas of walls, floors, ceilings, and roof.3. Use low volatile organic compund (VOC) caulking.4. Pre-plumbing piping and sensor wiring from wate heater to attic for future solar water heating.5. Use duct mastic on all duct joints.6. Install "Energy Star" or equivalent bathroom fan vented to the outside.The fire resistance rating of exterior walls shall comply with the provisions of CBC 704.5, section 704,table 704.8, and table 602. Fire resistance-rated exterior wall construction shall be maintained throughcrawl spaces, floor framing, and attic spaces in accordance with CBC 705.6. Further, projectionslocated where openings are required to be protected shall be non-combustible, heavy timber, or onehour construction. All exterior walls with a fire separation distance of 5' or less shall be 1 hourfire-resistance rating for exposure to fire from both sides.Smoke alarms (i.e. smoke detectors) shall be installed and maintained at all of the following locations:a) In each room used for sleeping purposes.b) On the ceiling or wall outside immediate vicinity of sleeping room.c) In each story, basement or split level within a dwelling unit.d) In enclosed common stairwells of two or more dwelling units.Where more than one smoke alarm is required to be installed, it shall be interconnected in such amanner so that the activation of one alarm will activate all of the alarms.In new construction, smoke alarms shall receive their primary power source from the building wiringand shall be equipped with battery back-up and low battery signal.Means of egress doors shall be detailed as follows:a) Min. 32" (max 48") clear opening width of exit doorway. For swinging door, clear width is measured between the face of the door and the stop, with the door open 90 degrees. For non-swinging door, the clear width is to be measured from the face of the door jamb.b) Min. height of 80" for exterior exit doorway, 78" for interior doorway, and 76" for all other exterior doorway. (CBC 1008.1.1)c) Exterior egress door shall be side-hinged swinging (CBC 1008.1.2)d) Max. 0.75" threshold height at sliding doors and max. 0.5" for other doors.e) Min. width of landing at door shall not be less than width of stairway or door.f) Min. 36" length of landing at door measured in the direction of travel.g) Max. 7.75" below the top threshold height of an exterior doorway not part of required means of egress provided the door, other than storm or screen doors, does not swing over the landing. Door handles, pulls, latches, locks, and other operating devices shall be a minimum 34" to max 48" height above the floor. Manually operated flush bolts or surface bolts are not permitted on doors required for egress.Straight run stairways shall be detailed as follows:a) Max. 7.75" and min. 4" rise height.b) Min. 10" tread depth.c) Min. 36" clear width.d) Min. 6'-8" vertical headroom measured vertically from a line connecting the edge of the nosing.Stair treads and risers shall be detailed as follows:a) The tolerance between the largest and smallest riser height or tread depth shall not exceed 0.375" in any flight of stair.b) The radius of curvature at the leading edge of the tread or beveling of nosing shall not exceed 0.5" (CBC 1009.3.3)c) Risers shall be vertical or sloped a max. 30 degrees from the vertical. (CBC 1009.3.3)d) Leading edge of tread shall not project more than 1.25" beyond tread below.e) Opening between treads shall not permit the passage of a 4" diameter sphere.Walls and soffits within enclosed useable space under stairways shall be protected as follows: Interiorstairs require 0.5" gypsum board on the enclosed side.The walking surface of treads and landings shall not be sloped steeper than 2% (1:48) in any direction.Provide emergency escape and rescue from sleeping rooms. Min. net clear opening dimensions of 24"height, 20" clear width, 5.7 sq. ft. area (5.0 sq. ft. at grade floor) and 44" max to bottom of clear openingis required.Rooms containing bathtubs, showers, spas, and similar bathing fixtures shall be mechanicallyventilated. Provide an exhaust fan with a min. capacity of 50 CFM. Ductless fans are unacceptable.Garage door extensions springs shall be fabricated from either hard drawn-spring wire or oil temperedwire and installed in accordance with the manufacturer's instruction. Garage door springs shall complywith requirements of CBC Sect. 1211.Attached garage or carport to dwelling shall be separated as follows:a) Min. 12" gypsum board required on the garage side separating dwelling and attic area from garage.b) Min.58" gypsum board required between garage or carport and all habitable rooms located above garage or carport (including structural members supporting the upper floor, ceiling, post and beam).c) Min. 138" thick solid wood doors or solid or honeycomb core steel door, or min. 20 minute rated fire door assembly.d) Doors to be self-closing and self-latching.e) Garage shall not open directly into a room used for sleeping purposes.f) Min. 0.019" sheet steel with no opening for ducts in walls and ceilings that penetrate into the garage.Penetrations in fire-resistance-rated walls shall comply with CBC 712.3. Through penetrations shallcomply with CBC 712.3.1.1, CBC 712.3.1.2, or 712.3.1.a) Steel, ferrous or copper pipes may penetrate fire-resistance rated walls, provided the opening is protected as follows:i) Item penetrating concrete or masonry walls is a max. 6" nominal diameter and the area of the opening through the wall does not exceed 144 sq. in., concrete, grout or mortar is permitted where it is installed the full thickness of the wall or the thickness required to maintain the fire resisting rating ; orii) When the annular spaces is protected with material ASTM E 119.b) Penetrations shall be fire-stopped by a system installed as tested in accordance with ASTM E 814 or UL 1479, and shall have an F rating or not less than the required fire-resisting-rating of the wall penetrated (CBC 712.3.1.2)c) Membrane penetrations of max 2 hr. fire resistance rated walls by steel electrical boxes are permitted, provided that each does not exceed 16 sq. in. in area and the total area of such openings does not exceed 100 sq. in. for any 100 sq. ft. of wall area, and the space between. the wall membrane and the box does not exceed 18". Additionally, outlet boxes on opposite sides of the wall shall be separated by a horizontal distance of not less than 24."e) A fire sprinkler shall be permitted to be unprotected provided such a space is covered by a metal escutcheon plate.f) Where walls are penetrated by other materials or openings larger than those mentioned above, they must be qualified by tests in accordance with (CBC 703.2).42.43.44.45.46.47.48.49.50.51.52.53.54.55.56.57.58.59.60.61.62.-A--A--A-Fireblocking shall be installed in combustible concealed locations in accordance with CBC 717.2.a) In concealed spaces of stud walls and partitions including furred spaces and parallel rows of studs or staggered studs as follows:i) Vertically at the ceiling and floor levelsii) Horizontally at intervals not exceeding 10"b) At all interconnections between concealed vertical stud wall or partition spaces and concealed horizontal spaces created by and assembly of floor joists or trusses, and between concealed vertical and horzontal spaces such as occur at soffits, drop ceilings, cove ceilings, and similar locations.c) In concealed spaces between stair stringers at the top and bottom of the run. Enclosed spaces under stairs shall also comply with CBC 1009.5.3.d) When annular space protection is provided in accordance with CBC 707.2 EX. 6, CBC 712.4.1.2 EX. 1, or CBC 712.4.2, fireblocking shall be installed at all openings around vents, pipes, ducts, chimneys, and fireplaces with an approved material to resist the free passage of flame and the products combustion.Draftstopping shall be installed in combustiable concealed locations in accordance with CBC 717.3 and717.4, respectively, at the following locations:a) In floor-ceiling assembley and located above and in line with the dwelling unit separation in duplexes not equipped with and automatic sprinkler system.b) In attics and concealed roof spaces such that any horizontal area does not exceed 3,000 sq. ft. in dwelling not equipped with and automatic sprinkler system.c) Draftstopping materials shall not be less than 12" gypsum board, 38" wood structural panel, 38" particle board, 1" nominal lumber, cement fiberboard, batts or blankets of mineral wool or glass fiber, or other approved materials adequately supported.d) Openings in the partitions shall be protected be self-closing doors with automatic latches constructed as required for the partitions.Wall, floor, and ceiling shall not exceed the flame spread classifications in CBC T-803.5.Interior floor finish and floor covering materials shall comply with CBC 804.2 through 804.4.1.Curved stairways shall have a minimum 6" tread depth with a minimum 10" tread depth measured atright angle to the tread's leading edge at a point 12" from the side where the treads are narrower. (CBC1009.3, 1009.7)All electrical, telephone, cable television system, and similar service wires and cables shall be installedunder ground. Underground future stub out is required.Each pane of saftey glazing installed in hazardous locations shall be identified by a manufacturer'sdesignation specifying who applied the designation, the manufacturer or installer and the safety glazingstandard. The following shall be considered specific hazardous locations for the purposed of safteyglazing. Glazing in:a) Swing doors.b) Fixed and sliding panels of sliding door assemblies and panels in sliding and bi-fold cloest door assemblies.c) Storm doors.d) Unframed swinging doors.e) Door and enclosures for hot tubs, whirlpools, saunas, steam rooms, bath tubs, and showers.f) Fixed or operable panels adjacent to a door where the nearest exposed edge of the glazing is within 24" arc of either vertical edge of the door in a closed position and where the bottom exposed edge of the glazing is less than 60" above the walking surface. Read code for exceptions.g) Fixed or operable panel, other than the described in items e and f, which meets all of the following conditions.i) Exposed area of an individual pane greater than 9 sq. ft.ii) Exposed bottom edge less than 18" above the floor.iii) Exposed top edge greater than 36" above the floor.iv) One or more walking surfaces within 36" horizontally of the plane of the glazing.h) Guards and railings regardless of area or height above a walking surface. Included are structural baluster panels and non-structural in-fill panels.i) Walls and fences enclosing indoor and outdoor swimming pools and spas where all of the following conditions are present:i) The bottom edge of the glazing is less than 60" above a walking surface on the pool or spa side of glazing.ii) The glazing is within 60" of a swimming pool or spa water's edge.j) Adjacent to stairways, landings and ramps within 36" horizontally of a walking surface; when the exposed surface of the glass is less than 60" above the plane of the adjacent walking surface. (Read the code for exceptions with installation)k) Adjacent to stairways within 60" horizontally of the bottom tread of a stairway in any direction when the exposed surface of the glass is less than 60" above the nose of the tread.Access to mechanical appliances in under-floor areas, in attic spaces, and on roofs, or elevatedstructures shall be in accordance with the California Mechanical Code.Driveway approaches shall comply with Standard Detail ST-1 of the Department of Public Works,maximum slope shall not exceed 15%.Guards shall be detailed as such:a) Guards shall be located along open-sided walking surfaces, mezzanines, stairways, ramps and landings that are more than 30" above the floor or grade above.b) Guard whose top rail does not serve as a handrail shall have a height of 42" high above the leading edge of the tread.c) Guard whose top rail serves as a handrail shall have a height of 34" to 38" high above the leading edge of the tread.d) Triangular opening formed by tread, stair, and bottom rail shall not permit a 6" diameter sphere to pass through. (CBC 1013.3)Handrails shall be detailed as follows:a) Continuous handrail is required when 4 or more treads are provided (CBC 1009.10).b) Min 34" to max 38" high above the stair tread nosing (CBC 1012.2).c) Min 1.25" to max. 2" circular cross section for handgrip portion of handrail.d) Min. 4" to max. 6.25" perimeter dimension with max 2.25" cross section for non-circular handgrip portion of handrail (CBC 1012.3).e) Min. 0.01" radius for edge of handrail (no sharp corner).Weather proof all decks and balconies by providing Dex-o-tex (ESR-1757) or an approved equal.Roof drainage system shall comply with the following requirements:a) Size the roof drains and overflow drains in accordance with Chapter 11 of the CPC.b) System shall be sized for min. rain intensity of 3" per hour.c) The roof drain and overflow drain must maintain independent lines to the yard box.d) Roof drainage is not permitted to flow over public property.e) Secondary roof drains having the same size as the primary roof drains shall be installed with the inlet flow line located a min. 2" above the low point of the roof.f) Scuppers through parapet walls adjacent to the low point of the roof may be used as secondary roof drainage. Scupper openings shall be a minimum of 4" high and have a width equal to the circumference of the roof drain required for the area served.g) Overflow scuppers shall be designed in accordance to CPC T-11-1.63.64.65.66.67.68.69.70.71.72.73.74.75.Chimneys shall extend a min. 2' above any portion of the building within 10', but not less than 3' abovethe roof. Chimneys shall be equipped with an approved spark arrestor.This project shall comply with title 24, and 2013 CBC, 2013 CMC, 2013 CPC, 2013 CEC, 2013 CRC,and 2010 California Energy Code.Separate permits are required for retaining walls or block fence walls, grading work, spas, pools,separate structures, shoring, solar systems, demolition, (electrical, mechanical, and or plumbing work)and sewer cap of existing buildings.All building features projecting into required setbacks are indicated on plot plan.AQMD notification is required 10 days prior to beginning any partial or complete demolition work.Provide proof of survey (property corners) verification by the city building inspector. Apply for demopermit (pre-demo height inspection) through building division. Demo permit required for existingstructure.All new fixtures shall be Water Conserving. CPC 402.0Slope grade away from building minimum 2% slope (1/4" per foot).4" waste line shall be used for serving 4 or more water closets per CPC Table 703.2 Footnote 4.Proposed utility meters need to be screened if located on the interior side of a dwelling and recessedbehind the setback.Contractor shall post the Installation Certificate (CF-6R) form and Insulation Certificate (IC-1) form in aconspicuous location or kept with plans and made available to the Inspector.Contractor shall provide copies of the California Guide to Home Comfort and Energy Savings, CF-1R,MF-1R, CF-6R and Ic-1 forms to the building owner.Radiant barrier shall an emittance of 0.05 or less.Building address shall be provided on the building in such a position as to be plainly visible and legiblefrom the street per City Code Section 502.Provide devices to absorb high pressures resulting from the quick closing of the quick-acting valvesfrom the washer and dishwasher, etc. per UPC section 609.10.76.77.78.79.80.81.82.83.84.85.86.87.88.89.90.VICINITY MAPDENN ENGINEERS3914 Del Amo Blvd., Ste. 921Torrance, CA 90503Phone: (310) 542-9433Fax: (310) 542-9491Lot #7 Block 50First Addition to Hermosa BeachM.B. 1-59-60APN: 4183-014-009Unit #1Unit #2554 sq. ft.539 sq. ft.1,195 sq. ft.823 sq. ft.3,111 sq. ft.426 sq. ft.277 sq. ft.357 cu. ft.376 sq. ft.66 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801A1SITE PLAN1/8" = 1'-0"NORTHLEGENDLandscapingBlock WallExisting GradeProposed GradeTwo Story ElementThree Story ElementSetback LineF.C.T.W.T.R.F.F.ET.C.F.L.F.S.F.G.Finished ConcreteTop of WallTop of RailingFinished Floor ElevationTop of CurbFlowline at StreetFinished SurfaceFinished GradeOne Story ElementStructural observation per section 1702 of the CBC shall be providedwhen so designated by the Architect or Engineer of record or, when suchobservation is specifically required by the Building Official.STUCTURAL CODE NOTEBecause of the relatively small lot size, close proximity of structures andlack of cohesive soils in Hermosa Beach, the Community DevelopmentDepartment must regulate excavations at or near property lines. Section3301.1 of the California Building Code (CBC) should be construed topertain to permanent and temporary cuts and fills. Section 3301 of theCBC reads (in part) as follows:EXCAVATIONS AT OR NEARPROPERTY LINESSECTION 3301 - EXCAVATIONS AND FILLS3301 - General. Excavation or fills for buildings or structures shall beso constructed or protected that they do not endanger life orproperty.Slopes for permanent (or temporary) fills shall not be steeper than 1unit vertical in 2 units horizontal (50% sloope). Cut slopes forpermanent (or temporary) excavations shall not be steeper than 1unit vertical in 2 units horizontal (50% slope) unless substantiatingdata justifying steeper cut slopes is submitted. Deviation from theforegoing limitations for cut slopes shall be permitted only upon thepresentaition of a soil investigation report acceptable to the buildingofficial.SCOPE OF WORKDemolish existing single family residence and garage.Construct new 2-story + basement single familyresidence w/ attached 2-car garage.Site improvements per city approvals.1.2.3.Building address shall be provided on the building in such a position as tobe plainly visible and legible from the street per CRC section R319.1.BUILDING ADDRESS1.All site drainage shall be terminated at public way via non-erosivedevice per HBMC.2.Drainage fixture in Basement and located below the nextupstream manhole or below the main sewer level requiresinvestigation to ascertain the necessity for sewer backwaterdevice installation. CPC section 710.0DRAINAGE NOTES1. Contractor to protect the pedestrian per CRC section R318.3 duringconstruction.2. Please see detail for pedestrian protection.PEDESTRIAN PROTECTION NOTES-A-1. See GBS Sheets for all CalGreen Notes. Contractor to providedocumentation showing compliance with all CalGreen requirements tothe city of Hermosa Beach.CalGreen Notes:1. Contractor to provide solar conduit for residence for future solarpanels. Verify location with City of Hermosa Beach. HMBC Section15.04.084 (HBMC 15.32.140)SOLAR CONDUIT- 4" Waste line shall be used for residence.WASTE (SEWER) NOTEOPEN SPACE CALCULATION1/8" = 1'-0"14051406N 75°20'00"E73.71' P/LL=49.80' R=3194.93'14001401N 20°57'00"W 49.98' P/L N 75°21'10"E75.36' P/LN 20°57'00"W 836.92'14091410BAY VIEW DRIV E MANHATTAN AVENUE10.06'10.06'1204TP NAIL 9 9 . 5 7 T P N A I L1233L&T 11 28499.931234L&T NT 9 9 . 2 8 1236TP 99.4312431 0 0 . 1 6 1244EG EN D 99 . 4 8FL99 . 3 8 F LTX99.85 TX1247TX99.86 TX124899.45 FL1249NWCW 99. 9 2 SWC W 99.85BSW 9 9 . 9 2125210 0 . 7 2 1253CW 10 0 . 5 8 1254BS 1255TS 10 2 . 5 3 1256HS 1 0 0 . 5 4 1257102.471258TS1 0 7 . 8 5 1259HS 1 0 7 . 7 7 1260HS 107.8512611 0 7 . 8 61262HS 10 8 . 0 4 1263TW S E C W 1 0 8 . 9 3 P C1264CC 1 0 9 . 0 1 1265TP 1 0 8 . 8 6 1266WM108.931267WM108.941268FL108.85 FL1269GAR 109.081270NEC W 1 0 9 . 0 3 1271BSW 99 . 7 5 1272TX 99.74 TX1273FL 99 . 2 6 F L1274APRO N 99 . 7 1 127512"TREE9 9 . 8 01276BSW99.521277TC 99.50 TC1278FL 99. 0 8 F L 127999.681282X99.431283T99.771284STLT99.151285STLT BOX99.1412861X1 PI L 1287BSW 99.321288TC99.17 TC1289FL9 8 . 7 4 F L 129099 . 3 71296HS 99. 8 4 HS 9 9 . 8 6 HS 99 . 8 71299CC101.981300TS 10 1 . 9 4 1301100.071302CC 101.89130312"TREE1304FF102.20 FF1305HS1 0 0 . 2 31306CHM N Y 10 0 . 6 1 130710 0 . 5 113081 0 1 . 1 71309GAR10 2 . 4 9 1310HS 10 2 . 4 1 REF1 0 5 . 4 6 1312 TS 1 0 4 . 7 6 1313CHMNY 10 0 . 6 9 1314PPT11 2 . 9 6 P P T 1319L&T 1128499.221320HS 100.091321HS 100.151322BW 101.781323TP 10 5 . 5 4 1324TW 10 4 . 3 7 T W 1325NWC W 1 0 5 . 2 9 1326108.791327TWCW 105.62 TW132810 1 . 2 3PP 1329TWC W 103.74 TW1330TWC W 1331TW CW103.52 TW13321X1 PIL 133310 1 . 6 724"GRATE1334HS103.27 1335100.101336SWC W 9 9 . 1 81338HS101.821339HS 10 1 . 9 61340CW10 1 . 9 11341TS 1 0 4 . 9 3BRK1 0 5 . 5 0134312"TREE 1 0 5 . 4 6 1344HS 10 4 . 8 7 1345HS104.77CW 1 0 5 . 9 1 BW 1 0 6 . 1 1 1349CW 106.381350105.011351PPT 13 6 . 7 8 P P T 1352PPT 12 9 . 7 0 P P C 1353PPT 130.54 PPT1354TW WF A C E 10 9 . 9 1 T W TW 109.71 TW10 9 . 3 0 1358SECW 10 9 . 7 4 P C1359FL 10 9 . 7 0 F L 1360CC 1 0 9 . 6 61361CC 1 0 9 . 6 8 1362CC 109.831363ED BOX109.72136810 9 . 8 8 1 0 9 . 4 1 137010 9 . 2 41371EG 10 9 . 1 0 1372CC109.191373CC109.261374CC 1 0 9 . 3 8 1375CC 10 9 . 6 7 1376CC109.871377CC109.831380L&T NT109.71138110 9 . 0 0 1382CC109.111383CC109.101384CC109.12CC1 0 9 . 0 5 140314041407140814111412L=832.69' R=3164.93'L=481.75'L=49.80'CONC. SWALECONC. SWALE100.00 PC99.42 PCEXISTINGRESIDENCEEXISTING RESIDENCEEXISTING RESIDENCECONC. SIDEWALK49.99'60'30'30'20'10'10'30.07'30.11'LEGAL DESCRIPTIONJOB ADDRESSLOT 7, BLOCK 50,FIRST ADDITION TO HERMOSA BEACHM.B. 1-59-60APN 4183-014-0091706 MANHATTAN AVENUEHERMOSA BEACH, CA 90254109.05 - FC97.8 - FC97.8 - FCDnDn107.3 - FC107.3 - FC109.25 - FC109.15 - FC99.15 - FL99.3 - FL99.2 - FLFFE AT FIRSTFLOOR = 98.0Dn101.3 - FS101.2 - F SFFE AT SECONDFLOOR = 116.7116. 6 - F S 11 6 . 5 - F S 114.0 - FS109.8 - FS107.1 - FSFFE AT SECONDFLOOR = 107.2Dn105.8 - FSDn106.6 - FS109.6 - FSDn107.0 - FS107.0 - FS110.0 - FS105.7 - FS100.0 - FS100.5 - TW100.5 - TW 99.4 - F S107.5 - FC98.0 - FCGWESGWES12"AD106.8 - FC101.25 - FC100.3 - FC99.8 - F C 99.65 - FC99.7 - FC99.7 2 - F C 99.62 - FC99.57 - FC12"ADdriveway profile Adriveway profile Bdriveway profile Cdriveway profile Ddriveway profile Edriveway profile FFFE AT THIRDFLOOR = 117.3Electric Meter: 30"Min. Clr. Width, 36"Min. Clr. in FrontGas Meter: 36"Clr. from ElectricMeterOutline of 18"Chimney Projection;3'-7" Clr. of P.L.ConcreteTrash YardOutline of PartyWall BetweenUnitsNew 6'-0" TallConc. RetainingWall - Provide 42"Tall Guardrail ifNecessaryConcreteTrash YardOutline of 18"Chimney Projection;3'-7" Clr. of P.L.3'-0" Wide x6'-0" TallWood GateOutline ofSecond FloorOutline of Deckat Third Floor19' DRIVEWAY 17' DRIVEWAY 15'DRIVEWAY3'3'Outline ofTrench DrainOutline ofThird FloorOutline ofGarageConcrete Stairson Grade w/HandrailProvide 42"Tall Guardrailat Side Yard2% Min.Slope3'-0" Wide x 6'-0"Tall Wood GateOutline ofThird FloorLight Well - WithMetal Grate onTopNew 6'-0" TallConc. RetainingWall - Provide 42"Tall Guardrail ifNecessaryOutline ofGarage3'-0" Wide x 6'-0"Tall Wood GateConcrete Stairson Grade withHandrail/Guardrail5' REQD SB 5.09' PROP SB 5.09' PROP SB 7.04'PROP SB5'REQ'DSB14.88'PROP SB5' REQD SB 5.08' PROP SB 5.08' PROP SB 3'REQDSB14.98'PROP SB6.64'PROP SBOutline of Secondand Third FloorOutline of TrenchDrainDRIVEWAY PROFILE F97.8 - FC12.3% +/-GARAGE PLGUTTER99.72 - FC7.31'CLEAR 15.57'DRIVEWAY PROFILE A107.3 - FC10.91% +/-GARAGE PLCL109.25 - FC7.07'CLEAR 17.87'DRIVEWAY PROFILE B107.3 - FC10.88% +/-GARAGE PLCL109.15 - FC7.05'CLEAR 17'DRIVEWAY PROFILE C107.3 - FC10.91% +/-GARAGE PLCL109.05 - FC7.03'CLEAR 16.04'99.8 - FC99.3 - FLDRIVEWAY PROFILE D97.8 - FC12.3% +/-GARAGE PLGUTTER99.57 - FC7.31'CLEAR 14.39'99.65 - FC99.15 - FLDRIVEWAY PROFILE E97.8 - FC12.2% +/-GARAGE PLGUTTER99.62 - FC7.32'CLEAR 14.97'99.7 - FC99.2 - FLDn1615141312111098765417161514131287654321910DnUpDn16151413121110987654KITCHENGREAT ROOMDINING AREAP.R.ELEVDECKDECKKITCHENGREAT ROOMDINING AREAELEVP.R.DECKDECKMASTER BEDROOMMASTERBATHMASTERCLOSETBEDROOM #2BATH #2ELEVENTRYW.I.C.DnDnTHIRD FLOOR PLANTHIRD FLOOR PLANSECOND FLOOR PLAN284.5 sq. ft.open space301.0 sq. ft.open space85.5 sq. ft.open spaceReq'd Open Space =Provided @ Second Level (Yard) =Provided @ Third Level (Deck) =Total Provided =300.0 sq. ft.85.5 sq. ft.284.5 sq. ft.91.5 sq.ft.376 sq. ft. Provided >300 sq. ft. RequiredOpen Space - Unit #2Req'd Open Space =Provided @ Third Level (Deck) =Total Provided =300.0 sq. ft.301.0 sq. ft.301.0 sq. ft.301 sq. ft. Provided >300 sq. ft. RequiredOpen Space - Unit #1FFE AT FIRSTFLOOR = 107.5FFE AT BASEMENTFLOOR = 98.0FFE AT THIRDFLOOR = 125.910 3 . 5 9 T W GUEST PARKINGGUEST PARKINGUNIT #2UNIT #15.6'All Landscape ShallBe at Grade and SlopedTowards CurbAll Landscape ShallBe at Grade and SlopedTowards Curb18.1'107.2 - FC 17'17.87'16.04'19.23'18.66'11.46'Existing DrivewayApron to be Removed3.71'18.1'18.66'3.69'3.66'19.23'Outline ofDeck at Third Floor3'-1' Clr. of P.L.Maximum 42"Tall WallGUEST PARKING67 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801A1a14051406N 75°20'00"E73.71' P/LL=49.80' R=3194.93'14001401N 20°57'00"W 49.98' P/L N 75°21'10"E75.36' P/LN 20°57'00"W 836.92'14091410BAY VIEW DRIVE MANHATTAN AVENUE10.06'10.06'1204TP N AI L 9 9 . 5 7 T P N A I L1233L&T 1128499.931234L&T NT99.281236TP99.4312431 0 0 . 1 6 1244EG END 99.48FL99.38 FLTX99.85 TX1247TX99.86 TX124899.45 FL1249NWCW99.92 SWCW 99.85BSW 99.921252100.72 1253CW100.58 1254BS1255TS102.531256HS100.54 1257102.471258TS107.851259HS107.77 1260HS 107.851261107.861262HS108.04 1263TW SECW108.93 PC1264CC109.011265TP108.86 1266WM108.931267WM108.941268FL108.85 FL1269GAR 109.081270NECW109.03 1271BSW99.75 1272TX99.74 TX1273FL 99.26 FL1274APRON99.71 127512"TREE99.801276BSW99.521277TC99.50 TC1278FL99.08 FL127999.681282X99.431283T99.771284STLT99.151285STLT BOX99.1412861X1 PIL 1287BSW 99.321288TC99.17 TC1289FL98.74 FL129099.371296HS99.84HS99.86HS99.871299CC101.981300TS101.941301100.071302CC 101.89130312"TREE1304FF 102.20 FF1305HS100.231306CHMNY100.611307100.511308101.171309GAR102.49 1310HS102.41 REF105.461312 TS104.761313CHMNY100.69 1314PPT112.96 PPT 1319L&T 1128499.221320HS 100.091321HS 100.151322BW101.781323TP105.54 1324TW104.37 TW 1325NWCW105.29 1326108.791327TWCW 105.62 TW1328101.23 1329TWCW103.74 TW1330TWCW 1331TW CW103.52 TW13321X1 PIL 1333101.671334HS103.271335100.101336SWCW99.181338HS101.821339HS101.961340CW101.911341TS104.93BRK105.50134312"TREE105.461344HS104.87 1345HS104.77CW 105.91 BW 106.11 1349CW106.381350105.011351PPT136.78 PPT 1352PPT129.70 PPC 1353PPT 130.54 PPT1354TW WFACE109.91 TWTW109.71 TW109.30 1358SECW109.74 PC1359FL109.70 FL 1360CC109.661361CC109.68 1362CC 109.831363ED BOX109.721368109.88109.411370109.241371EG109.10 1372CC109.191373CC109.261374CC109.38 1375CC109.67 1376CC109.871377CC109.831380L&T NT109.711381PP109.001382CC109.111383CC109.1024"GRATE140314041407140814111412L=832.69' R=3164.93'L=481.75'L=49.80'CONC. SWALECONC. SWALE100.00 PC99.42 PCEXISTINGRESIDENCEEXISTING RESIDENCEEXISTING RESIDENCECONC. SIDEWALK49.99'60'30'30'20'10'10'30.07'30.11'DnDnDnDnDnDn103.59 TWPROPOSED PARKING PER PUBLIC WORKS1/8" = 1'-0"NORTH14051406N 75°20'00"E73.71' P/LL=49.80' R=3194.93'14001401N 20°57'00"W 49.98' P/L N 75°21'10"E75.36' P/LN 20°57'00"W 836.92'14091410BAY VIEW DRIV E MANHATTAN AVENUE10.06'10.06'1204TP N AI L 99.57 TP NAIL1233L&T 1128499.931234L&T N T 99.281236TP99.431243100.161244EG END 99.481245FL99.38 FL1246TX 99.85 TX1247TX 99.86 TX1248FL 99.45 FL1249NWC W99.921250SWC W 99.851251BSW 99.921252100.721253CW 100.581254BS1255TS 102.531256HS 100.541257BS102.471258TS107.851259HS 107.771260HS 107.851261107.861262HS 108.041263TW SE C W 108.93 PC1264CC 109.011265TP108.861266WM108.931267WM108.941268FL108.85 FL1269GAR 109.081270NECW 109.031271BSW 99.751272TX99.74 TX1273FL 99.26 FL1274APR ON 99.71127512"TREE99.801276BSW 99.521277TC 99.50 TC1278FL99.08 FL127999.681281X99.121282X99.431283T99.771284STLT99.151285STLT BOX99.1412861X1 PIL1287BSW 99.321288TC 99.17 TC1289FL98.74 FL129099.371292TC98.73 TC1293FL 98.34 FL129498.951296HS99.841297HS 99.861298HS99.871299CC101.981300TS101.941301BS100. 0 71302CC101.89130312"TREE100.121304FF 102.20 FF1305HS 100.231306CHMNY 100.611307100.511308101.171309GAR 102.491310HS102.411311REF 105.461312 TS 104.761313CHM N Y 100.691314PPT 112.96 PPT1319L&T 112 8 499.221320HS100.091321HS 100.151322BW 101.781323TP 105.541324TW 104.37 TW1325NWC W 105.291326108.791327TWCW 105.62 TW1328101.231329TWC W 103.74 TW 1330TWCW 103.59 TW1331TW CW 103.52 TW13321X1 PIL 1333101.671334HS 103.271335100.101336SWCW 99.181338HS 101.821339HS101.961340CW 101.911341TS 104.931342BRK 105.50134312"TREE105.461344HS 104.871345HS 104.771347CW 105.911348BW 106.111349CW 106.381350105.011351PPT136.78 PPT1352PPT129.70 PPC1353PPT 130.54 PPT1354TW WF A C E 109.91 TW1356TW 109.71 TW 1357109.301358SEC W 109.74 PC1359FL109.70 FL1360CC 109.661361CC 109.681362CC 109.831363ED BOX109.721364CC110.261365CC110.261366FL 110.22 FL1367110.551368109.881369109.411370109.241371EG 109.101372CC109.191373CC109.261374CC 109.381375CC 109.671376CC109.871377CC109.831378EC 110.491379SPK 3774110.491380L&T NT109.711381PP109.001382CC109.111383CC109.101384CC109.121385CC 109.0524"GRATE140314041407140814111412L=832.69' R=3164.93'L=49.80'L=301.14'CONC. SWALECONC. SWALE100.00 PC99.42 PCEXISTINGRESIDENCEEXISTING RESIDENCEEXISTING RESIDENCECONC.APRONCONC. SIDEWALKN'LY LINE LOT 6 **S'LY LINE *BRICK CHMNYFOUND L&T RCE 112845.65' W'LY OF CORNERPROP. LINE PROD.TAG ELEV = 99.22'FOUND L&T RCE 112845.81' W'LY OF CORNERPROP. LINE PROD.TAG ELEV = 99.93'TO FOUND S&W LS 5411@ 16TH STREET PER PWFB 0616-971,972TO C/L 16TH STREETESTAB. PER TIESPER PWFB 0616-855309.07' 49.99'60'30'30'20'10'10'30.07'30.11'PCS&W RCE 30826 TO BE SET5.00' E'LY OF CORNERON PROP. LINE PROD.S&W RCE 30826 TO BE SET5.00' E'LY OF CORNERON PROP. LINE PROD.EMGMEXISTING PARKING1/8" = 1'-0"NORTHSPACE #4SPACE #1022.16'22.16'21.73'SPACE#3SPACE#2SPACE#1SPACE#46.49'17'6'20'17'SPACE#3SPACE#2SPACE#1SPACE #8SPACE #9SPACE #6SPACE #75.5'New ParkingApproved perPublic WorksNew/Existing ParkingApproved perPublic WorksNew ParkingApproved perPublic WorksNew ParkingApproved perPublic WorksExistingParkingExistingParkingExistingParking15'DRIVEWAY9.38'SPACE #568 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801A2Up4321567891011FAUW12ELEVSTORAGEBEDROOM #4W.I.C.BATH #4BATH #3ELEV2 CAR GARAGEBEDROOM #31/4" = 1'-0"FIRST FLOOR PLAN - UNIT #1NORTH1/4" = 1'-0"BASEMENT FLOOR PLAN - UNIT #2Living 554 sq ftNORTHLiving 520 sq ft Garage 413 sq ftUp87654321910111297.8 - FC(FFE = 98.0)LOWERHALL98.0 - FC(FFE = 98.0)LOWERHALL39'-6" 39'-6"64'-1"64'-1"8'-10"11'-8"19'-0"61'-5"2'-8"19'-4"11'-2"30'-11"19'-0"20'-6"6'-7"27'-4"22'-8"4'-10"2'-8"AA9BA9CA10DA10EA10FA10UNIT #1UNIT #2No plumbing fixtures shall belocated in a common wallbetween two individual unitsSound TransmissionInsulation (52 STC) perSection 17.22.060, Item G.Outline of StorageFour Feet Off of Garage Floor3' X 18.83' X 4' = 226 cu. ft.4.33' X 5'X 8.42'= 182 c.f.20'-10"18'-6" 5'-0" 5'-0"3'-0"5'-0"69 A31626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801DnUp1615141312876543219FAUWDn1615141312Up876543219102 CAR GARAGELAUNDRYELEVBEDROOM #3BATH #3HALLMASTER CLOSETMASTER BATHMASTER BEDROOMBEDROOM #2ELEVLAUNDRYENTRY1/4" = 1'-0"SECOND FLOOR PLAN - UNIT #1NORTH1/4" = 1'-0"FIRST FLOOR PLAN - UNIT #2Living 539 sq ft Garage 426 sq ftNORTHLiving 1,116 sq ftBATH #2107.3 - F C STORAGEUp(FFE = 107.5)1 0 7 . 5 - F C (FFE = 107.2)39'-6" 39'-6"66'-7"66'-7"61'-5"2'-8"2'-6"16'-0"23'-6"2'-5"4'-2"6'-2"51'-4"2'-6"8'-10"5'-8"4'-2"1'-10"19'-0"CA10AA9BA9DA10EA10FA10UNIT #2UNIT #1No plumbing fixtures shall belocated in a common wallbetween two individual unitsSound TransmissionInsulation (52 STC) perSection 17.22.060, Item G.4.33' X 5'X 8.1'= 175 c.f.18'-8"20'-2"5'-0" 5'-0"3'-0"5'-0"70 A41626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801Dn1615141312111098765417161514131287654321910DnUp1/4" = 1'-0"THIRD FLOOR PLAN - UNIT #1NORTH1/4" = 1'-0"SECOND FLOOR PLAN - UNIT #2Living 1,195 sq ftNORTHKITCHENGREAT ROOMDINING AREAELEVP.R.DECKDECKMASTER BEDROOMMASTERBATHMASTERCLOSETBEDROOM #2BATH #2ELEVENTRYW.I.C.Living 939 sq ftDnDn(FFE = 117.3)(FFE = 116.7)39'-6" 39'-6"66'-7"66'-7"50'-3"8'-2"7'-0"1'-2"8'-10"9'-10"20'-10"1'-11"57'-6"7'-2"46'-10"6'-0"4'-8"16'-0"23'-6" 7'-6"8'-6"AA9BA9CA10DA10EA10FA10UNIT #2UNIT #1No plumbing fixtures shall belocated in a common wallbetween two individual unitsNo plumbing fixtures shall belocated in a common wallbetween two individual unitsSound TransmissionInsulation (52 STC) perSection 17.22.060, Item G.5'-0" 5'-0"1'5'-0"3'-7"3'-1"3'-1"4'-11"71 A51626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-58011/4" = 1'-0"ROOF PLAN - UNIT #1NORTHDn16151413121110987654KITCHENGREAT ROOMDINING AREAP.R.ELEVDECKDECK1/4" = 1'-0"THIRD FLOOR PLAN - UNIT #2Living 823 sq ftNORTH(FFE = 125.9)39'-6"8'-10"9'-10"20'-10"1'-6" 39'-6" 38'-0"1'-6"1'-6"59'-5"26'-11"7'-0"25'-6"59'-5"1'-11"25'-0"7'-0"25'-6"16'-4"3'-0"6'-2"14'-4"6'-0"4'-8"AA9BA9CA10DA10EA10FA10UNIT #25'-0" 5'-0"1'5'-0"3'-7" 3'-7" 72 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801A9LOWERHALLBEDROOM #4LOWERHALLBEDROOM #3STAIRSBEDROOM #3STAIRSENTRYBEDROOM #2UPPERHALLMASTER BEDROOMDECKDINING AREASTAIRSDECKPLPLSECTION1/4" = 1'-0"A11'-0"8'-1"8'-1"8'-5" 8'-1" 9'-0"9'-0"8'-1"2 CAR GARAGE2 CAR GARAGEMASTER CLOSETMASTER BEDROOMMASTERBATHGREAT ROOMDECKPLPLSECTION1/4" = 1'-0"B8'-1" 9'-0"9'-0"MASTERCLOSETBEDROOM #2KITCHENKITCHEN7'-1" CLR. 7'-1" CLR.8'-1"GREAT ROOMDECKSTAIRSSTAIRS73 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801A10LOWER HALLPL2 CAR GARAGEHALLBATH #2MASTERCLOSETMASTERBEDROOMENTRYGREAT ROOMDINING AREA9'-5"8'-1"8'-2"8'-5"SECTION1/4" = 1'-0"CPLBATH #4PL2 CAR GARAGEBATH #3MASTER BATHMASTER BEDROOM8'-1"8'-1"8'-5"BEDROOM #4PLBEDROOM #3DECK3'-6"SECTION1/4" = 1'-0"D2 CAR GARAGEBEDROOM #3PLGREAT ROOMPL2 CAR GARAGEBATH #3PLSTAIRSMASTERBATHMASTERCLOSETLAUNDRYSTAIRSKITCHENP.R.PLSECTION1/4" = 1'-0"E9'-0"9'-0"VARIES DINING AREADECKMASTER BEDROOMBATH #2BEDROOM #29'-0"9'-0"8'-1"SECTION1/4" = 1'-0"F74 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801A11ROOF PLAN1/8" = 1'-0"Built-up roofing - 2 layers 15# felt with 90# cap sheet. Maximum slope 14:12 nail base sheet per CBC. Hot mop in between layers, 14" per foot slopeRoof Pitch = See PlansSkylights to be "Bristol Fiberlite" ER-2469 or approved equal by the Architect and Building Department. Provide flat anodized skylights.All fireplaces to be provided with approved spark arrestor.Attic Vent Calculations:Lower level attic area = 0 sq. ft./ 150 = 0 sq. ft. of vents - vents provided ( )Upper level attic area = 0 sq. ft./ 150 = 0 sq. ft. of vents - vents provided ( )0 vents - REQUIRED - Concrete Model "Flat" Vents by O'Hagins Inc. (ICC = 9650A)1.2.3.4.ROOF PLAN NOTESNORTH114:12 ±DECK12:12 12:12 12:1212:1214:1214:12 RIDGERIDGE RIDGE HIPHIPCRICKET/VALLEYCRI C K E T / V A L L E Y VALLEYHIPHIPHIPHIP12:12 12:1212:1275.36'49.68' 49.65'73.71'109.74 - PC9 9 . 4 2 - P C 100.0 - PC1 0 8 . 9 3 - PC 4.42'CP1 = 131.36 MAX. ACT = 127.8CP2 = 130 .74 MAX . ACT = 127 .8CP3 = 131.84 MAX.ACT = 127.8 C P 4 = 1 3 4 . 1 5 M A X . A C T = 1 2 9 . 3CP5 = 134.56 MAX.ACT = 129.3CP 6 = 1 3 5 . 3 3 M A X . AC T = 1 3 5 . 0 CP7 = 135.0 MAX.ACT = 135.0.67'6.83'32.67'.67'4.43'34.82'6.33'17'9.17'8.03'29.34'6.33'17'9.17'11.88'4.42'.67'6.83'32.67'.67'4.4' 10 1 . 4 4 - E G 73.71'75.36'49.98'49.8'10 2 . 5 5 - E G 10 4 . 6 1 - E G 10 5 . 3 7 - E G 100.52 - EG101.77 - EG104.10 - EG104.97 - EGBAYVIEW DRIVEMANHATTAN AVENUEDECKDECK114:12 ±114:12 ±Up4321567891011FAUW12ELEVSTORAGEBEDROOM #4W.I.C.BATH #4BATH #3ELEV2 CAR GARAGEBEDROOM #3Up876543219101112LOWERHALLLOWERHALLUNIT #2DUNIT #1A = 61'-5" X 8'-10"B = 54'-10" X 9'-10"C = 59'-6" X 20'-10"D = 2'-8" X 23'-6"TOTALLOT COVERAGE1/8" = 1'-0"CBA542.5 SQ. FT.538.5 SQ. FT.1,240 SQ. FT.63 SQ. FT.2,384 SQ. FT.2,384 SQ. FT. / 3,699 SQ. FT. = 64.45%75 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801TS14051406N 75°20'00"E73.71' P/LL=4 9.8 0 ' R =3194 .9 3 '14001401N 20°57'00"W49.98' P/LN 75°21'10"E75.36' P/LN 20°57'00"W836.92'14091410SHEET 1 OF 1 SHEETSCALE: 1" = 8'LEGAL DESCRIPTIONJOB ADDRESSSUBDIVIDERENGINEERDENN ENGINEERSDATEGARY J. ROEHL R.C.E. 308263914 DEL AMO BLVD., STE. 921TORRANCE, CA 90503310-542-9433IN THE CITY OF HERMOSA BEACHCOUNTY OF LOS ANGELESSTATE OF CALIFORNIAFOR CONDOMINIUM PURPOSESVESTING TENTATIVEEXISTING BUILDINGCONCRETEBRICKWOOD DECK106.76EXISTING ELEVATIONBLOCK WALLLEGEND100EXISTING CONTOURFIRE HYDRANTGARAGE FINISH FLOORLEAD AND TAGTOP OF CURBFLOW LINETOP OF WALLTOP OF DRIVEWAY APRONBEGINNING OF CURB RETURNSPIKEFOUNDWESTERLYPROPERTY CORNERFHGFFL&TTCFLTWTXBCRSPKFDW'LYPCXEXISTING FENCENORTHERLYN'LYSPIKE AND WASHERS&WPOWER POLEPPGUY WIREGWSTKSTAKEPROPERTY LINEPL, P/LE'LYEASTERLYMHMANHOLESOUTHERLYS'LYWATER METERWMNOTE: ALL SETBACK DIMENSIONS SHOWN ARE MEASURED TO EXTERIOR SURFACE OF BUILDINGS UNLESS OTHERWISE NOTED.BOUNDARY MONUMENTS ARE NOT NECESSARILY SET ON PROPERTY CORNERS. PLEASE REFER TO THE NOTATION ON THE PLANS FOR OFFSET DISTANCES. IF THERE ARE ANY QUESTIONS, PLEASE DO NOT HESITATE TO CONTACT DENN ENGINEERS FOR CLARIFICATION AT :(310) 542-9433, M-F 8:00 AM TO 5:00 PM. GAS METERGMSSMHSANITARY SEWER MANHOLESTREET LIGHTSTLTC/LCENTERLINEFINISH FLOORFFEMELECTRIC METERPARCEL MAP NO.74670BOB SALIMJORDAN DEVELOPMENT1516 THE STRANDMANHATTAN BEACH, CA 90266PHONE 310-800-0003LOT 7, BLOCK 50,FIRST ADDITION TO HERMOSA BEACHM.B. 1-59-60APN 4183-014-0091706 MANHATTAN AVENUEHERMOSA BEACH, CA 90254LENALIA O R N INEERLGOFESSP ROJ.RIORE D LR.C.E. 30826CEOIVII FSTTREGIS AG TA E R YNHEFCA16-453NOTES1. ALL EXISTING STRUCTURES TO BEREMOVED UNLESS OTHERWISE NOTED.2. ALL UTILITIES ARE LOCATED IN ADJACENT STREETS.3. THIS IS A 2 UNIT CONDOMINIUM PROJECT.4. WATER SUPPLY IS PROVIDED BY CALIFORNIA WATER COMPANY.5. SANITARY SEWER DISPOSAL IS TOAN 8" VCP PUBLIC LINE. THE 8" VCPIS LOCATED IN BAYVIEW DRIVE, APPROXIMATE DEPTH = 13'.6. SEE SOILS REPORT FOR POTENTIALFILL ON THIS SITE.7. SITE DRAINAGE IS SURFACE FLOWWITH DISCHARGE TO ADJACENT STREETS.*PARCEL MAP 24922M.B. 286-32-34** BLOCK 50,TRACT NO. 1130M.B. 17-145BAY VIEW DRIVEMANHATTAN AVENUE 10.06'10.06'1204TP NAIL99.57 TP NAIL1205L&T NT98.05 1232L&T 11284100.761233L&T 1128499.931234L&T NT99.28 1236 TP99.431237 TX100.27 TX1238FL99.75 FL1239EG99.861240100.491241FL98.89 FL1242FL98.50 FL1243100.161244EG END99.481245 FL99.38 FL1246TX99.85 TX1247TX99.86 TX1248FL99.45 FL1249NWCW99.921250SWCW99.851251BSW99.921252100.721253CW10 0 . 5 8 1254BS1255TS102.531256HS100.541257BS102.471258TS1 0 7 . 8 5 12 5 9 HS107.771260HS107.851261107.861262HS1 0 8 . 0 4 1263TW SECW10 8 . 93 PC1264CC109.011265TP1 0 8 . 8 61266WM108.931267WM108.941268FL108.85 FL1269GAR109.081270NECW109.031271BSW99.751272TX99.74 TX1273FL99.26 FL 1274APRON99.71127512"TREE99.80 1276BSW99.521277TC99.50 TC1278FL99.08 FL127999.68128097.991281X99.121282X99.431283T99.771284STLT99.151285STLT BOX99.1412861X1 PIL1287BSW99.32 1288TC99.17 TC1289FL98.74 FL129099.37129197.721292TC98.73 TC1293FL98.34 FL129498.95129597.321296 HS99.841297HS99.861298HS99.871299CC101.981300TS101.94 1301BS100.071302CC101.89130312"TREE100.121304FF 102.20 FF1305HS1 0 0 . 2 3 13 0 6 CHMNY1 0 0 . 6 1 1307100.5113081 0 1 . 1 7 1309GAR102.491310HS1 0 2 . 4 1 1311REF1 0 5 . 4 61312 TS1 0 4 . 7 6 1313CHMNY1 0 0 . 6 9 131 4 PPT112.96 PPT1315PPT112.461316PPT119.891317PPT112.231319L&T 1128499.221320 HS100.091321HS100.151322BW101.781323TP105.541324TW1 0 4 . 3 7 TW1325NWCW105.291326108.7913 2 7 TWCW105.62 TW13281 0 1 . 2 31329TWCW 103.74 TW1330TWCW1 0 3 . 5 9 TW 13 3 1 TW CW103.52 TW13321X1 PIL13 3 3101.671334HS103.271335100.101336SWCW99.18 1338HS101.821339HS1 0 1 . 9 6 1340CW101.91134 1 TS1 0 4 . 9 3 1342 BRK1 0 5 . 5 0 134312"TREE1 0 5 . 4 6 1344HS1 0 4 . 8 71345HS104.771347CW105.911348BW106.11134 9 CW106.381350105.01135 1 PPT136.78 PPT1352PPT1 2 9 . 7 0 P P C1353PPT130.54 PPT13 5 4 TW WFACE109.91 TW1356TW109.71 TW13571 0 9 . 3 01358SECW1 0 9 . 7 4 P C 1359FL109.70 FL1360CC1 0 9 . 6 61361CC 109.681362CC109.831363ED BOX10 9 . 7 2 13 6 4 CC110.261365CC110.261366FL1 1 0 . 2 2 F L 13671 1 0 . 5 5 13681 0 9 . 8 8 13691 0 9 . 4 1 13 7 0 109.241371EG1 0 9 . 1 0 137 2 CC10 9 . 1 91373CC109.261374CC1 0 9 . 3 81375CC109.671376CC10 9 . 8 7 1377CC109.83 13 7 8 EC110.491379SPK 3774110 . 4 9 1380L&T NT109.711381PP109.001382CC109.111383CC10 9 . 1 0 1384CC109.121385CC109.051386EC1 0 8 . 9 9 13 8 7 109.051388EC108.89138924"GRATE1390FL108.71 FL13 9 1 EC108.79140314041407140814111412 L=8 3 2 .69' R =316 4 .9 3 'L=4 8 1.75 'L=4 9 .80 'L=301.14 ' CONC. SWALECONC. SWALE 100.00 PC99.42 PCEXISTINGRESIDENCEEXISTING GARAGEEXISTINGRESIDENCEEXISTING RESIDENCEEXISTING RESIDENCECONC.APRONCONC. SIDEWALK CONC.A = 3,699 SQ FT1N'LY LINE LOT 6 **S'LY LINE *BRICKCHMNYFOUND L&T RCE 112845.65' W'LY OF CORNERPROP. LINE PROD.TAG ELEV = 99.22'FOUND L&T RCE 112845.81' W'LY OF CORNERPROP. LINE PROD.TAG ELEV = 99.93'TO FOUND S&W LS 5411@ 16TH STREET PER PWFB 0616-971,972TO FOUND N&TINPER R.S. 219-058TO C/L 16TH STREETESTAB. PER TIESPER PWFB 0616-855309.07'49.99'477.86'TO FOUND S&W LS 5411@ 19TH STREET PER PWFB 0616-975,97660'30'30'20'10'10'30.07'30.11'PC S&W RCE 30826 TO BE SET5.00' E'LY OF CORNERON PROP. LINE PROD.S&W RCE 30826 TO BE SET5.00' E'LY OF CORNERON PROP. LINE PROD.EMGM76 77 78 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801L1 79 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801L2 80 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801L3 81 1626OFREVISIONREVISEDPRINTEDOWNER: BOB SALIM JOB ADDRESS: 1706 MANHATTAN AVENUE, HERMOSA BEACH 119 W. TORRANCE BLVD., REDONDO BEACH, CALIFORNIA 90277 PHONE: FAX: SUITE 24 (310) 372-5580 (310) 318-5801L3.182 83 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0402 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 CON 17-6, PDP 17-6, VTPM #74590 - Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74590 for a three-unit condominium project at 545 8th Street, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). APPLICANT/Hayatti Family Trust C/O Nahid Mohammadifar OWNER:1120 21st Street Hermosa Beach, CA 90254 Recommended Action: Adopt the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74590 for a three-unit condominium project at 545 8th Street, 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:4,740 square feet PROPOSED SQUARE FOOTAGE:Unit 1: 2,696 square feet Unit 2: 2,074 square feet Unit 3: 2,146 square feet PARKING REQUIRED:6 Standard/2 Guest PARKING PROVIDED:6 Standard/2 Guest ON STREET PARKING LOST/GAINED:No on street parking along 8th Street 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 an attached two-car garage and construct three condominium units, with Units 1 and 2 attached and Unit 3 detached, on a 4,740 square foot corner lot, on the southeast corner of 8th Street and Bard Street with access from 8th Street. Unit 1 contains a basement level with a two-car tandem garage and bedroom and bathroom; the first City of Hermosa Beach Printed on 2/20/2024Page 1 of 5 powered by Legistar™84 Staff Report REPORT 17-0402 floor level contains three additional bedrooms and two bathrooms; the second floor level contains the kitchen, living and dining room with bathroom and a mezzanine level contains an additional family room area. Unit 2 contains a basement level with a two-car tandem garage and laundry room; the first floor level contains three bedrooms and two bathrooms; and the second floor level contains the kitchen, living and dining room with bathroom. Unit 3, which is detached from Units 1 and 2, contains a basement level with a two-car side-by-side garage and laundry room; the first floor level contains three bedrooms and two bathrooms; and the second floor level contains the kitchen, living and dining room and bathroom. 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 Hermosa Beach Municipal Code (HBMC) 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.4,740 Sq. Ft. Lot Coverage Maximum 65%64.98% Height Maximum 30’30’ Front Yard Setback Minimum 5’5’ Side Yard Setback Minimum 4.04’4.08’ and 4.06’ Rear Yard Setback Minimum 5’ (1st level) and 3’ (2nd and 3rd levels) 7’ Minimum distance between buildings used for human habitation 8’8’ Total Parking Spaces Minimum 8 spaces total 8 spaces total Garage Spaces Minimum 6 (2 per unit)6 (2 per unit) Guest Space Minimum 1 space per 2 units 2 shared guest spaces Driveway Maximum Slope 12.5%12% Open Space Per Unit Minimum 300 Sq. Ft. per unit Unit 1: 301 Sq. Ft. Unit 2: 300 Sq. Ft. Unit 3: 300 Sq. Ft. Minimum Unit Size Unit 1: 1,600 Sq. Ft. Unit 2: 1,400 Sq. Ft. Unit 3: 1,400 Sq. Ft. Unit 1: 2,696 Sq. Ft. Unit 2: 2,074 Sq. Ft. Unit 3: 2,146 Sq. Ft. Storage Area (Per Unit) Minimum 200 Cu. Ft.Unit 1: 200 Cu. Ft. Unit 2: 200 Cu. Ft. Unit 3: 200 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 (Units 1 and 2 within garage and Unit 3 screened within south side yard). City of Hermosa Beach Printed on 2/20/2024Page 2 of 5 powered by Legistar™85 Staff Report REPORT 17-0402 CRITERIA REQUIRED PROVIDEDMinimum Lot Area for 3 Units 3,960 Sq. Ft.4,740 Sq. Ft.Lot Coverage Maximum 65%64.98%Height Maximum 30’30’Front Yard Setback Minimum 5’5’Side Yard Setback Minimum 4.04’4.08’ and 4.06’Rear Yard Setback Minimum 5’ (1st level) and 3’ (2nd and3rd levels)7’Minimum distance betweenbuildings used for humanhabitation 8’8’ Total Parking Spaces Minimum 8 spaces total 8 spaces total Garage Spaces Minimum 6 (2 per unit)6 (2 per unit) Guest Space Minimum 1 space per 2 units 2 shared guest spaces Driveway Maximum Slope 12.5%12% Open Space Per Unit Minimum 300 Sq. Ft. per unit Unit 1: 301 Sq. Ft. Unit 2: 300 Sq. Ft. Unit 3: 300 Sq. Ft. Minimum Unit Size Unit 1: 1,600 Sq. Ft. Unit 2: 1,400 Sq. Ft. Unit 3: 1,400 Sq. Ft. Unit 1: 2,696 Sq. Ft. Unit 2: 2,074 Sq. Ft. Unit 3: 2,146 Sq. Ft. Storage Area (Per Unit) Minimum 200 Cu. Ft.Unit 1: 200 Cu. Ft. Unit 2: 200 Cu. Ft. Unit 3: 200 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 (Units 1 and 2 within garage and Unit 3 screened within south side yard). Covenants, Conditions and Restrictions (CC&R’s) have been submitted and have been reviewed for compliance with applicable sections of the zoning ordinance. Access and Parking: Each unit will provide a two-car garage. Standard parking spaces for Units 1 and 2 are provided in tandem while the standard parking spaces for Unit 3 are provided in a side-by- side manner. Two guest parking spaces, to be shared by all three units, are located south and adjacent to the Unit 2 and 3 garages. The existing 16-foot wide curb cut along 8th Street will be removed and relocated to the center of the lot along 8th Street. All vehicular access is provided from 8 th Street. There is no on-street parking along 8th Street. Therefore, no on-street parking will be lost or gained. 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” Feather Grass, California Beach Aster, New Zealand Flax, Chinese Fountain Grass, and Sage. The project proposes seven 24-inch Purple Plum trees, measuring 24-inch box size, to be planted within the parkway, adjacent to the subject property, as a part of the 8th Street right-of-way improvements. The landscape plan shows more than 50% permeable exterior surface area on-site which complies with HBMC Section 8.44 of the Stormwater and Urban Runoff Pollution Control Regulations. Additionally an automatic irrigation system is proposed for the landscape areas. 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. Open Space City of Hermosa Beach Printed on 2/20/2024Page 3 of 5 powered by Legistar™86 Staff Report REPORT 17-0402 Open space is sufficiently provided for all units in compliance with Section 17.16.080 of the Hermosa Beach Municipal Code. Unit 1 provides a 185 square foot balcony adjacent to the primary living level in addition to a 116 square foot balcony adjacent to the mezzanine family room level. Unit 2 provides a 200 square foot balcony adjacent to the primary living level in addition to a 255 square foot roof deck. Unit 3 provides a 200 square foot balcony adjacent to the primary living level in addition to a 265 square foot roof deck. 8th Street Right-of-Way Improvements Right-of-way improvements shall be compatible with the 8th Street right-of-way improvement project. The applicant and Public Works Department and Community Development Department staff discussed design options for sidewalk and parkway improvements. Staff originally favored a design where a narrow parkway would run adjacent to 8th Street with a four-foot wide sidewalk directly adjacent to the property line and buffered from the street. There are two existing utility boxes located to the southeast of the project site within the public right-of-way which would have to be relocated to accommodate this design. The applicant contacted Frontier Wireless and found that both utility boxes are active and in use. The utility boxes must be placed within a sealed vault in order to be undergrounded and the cost to do so was estimated to exceed $100,000. The representative from Frontier Wireless proposed the possibility of constructing a block wall around the boxes. Public Works and Community Development Department staff worked with the applicant on an alternative design, which is currently proposed, in which a four-foot wide sidewalk is directly adjacent to 8th Street and a 3.6 foot wide parkway runs adjacent to the project site. The existing utility boxes are proposed to be maintained in place. Public Works and Community Development Department staff recommends that landscape screening be installed and maintained around the boxes and the applicant has included a detail in the plans addressing this improvement. In addition, the north and westerly right-of-way portions of 8th Street propose four-foot wide sidewalks directly adjacent to 8th Street. Therefore, the original design option would create a jog and disconnect in the sidewalk segments which would not be consistent with the 8th Street eight-of-way improvement project. 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. The proposed layout of the buildings is similar to and consistent with residential use types in the immediate neighborhood. Subdivision Map: The applicant has applied for a Vesting Tentative Parcel Map. The 4,740 square foot lot can accommodate three units consistent with the minimum of 1,320 square feet of lot area per dwelling 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 Area City of Hermosa Beach Printed on 2/20/2024Page 4 of 5 powered by Legistar™87 Staff Report REPORT 17-0402 fees. Utilities provided to the lot 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, and the site is physically suitable for the type and density of proposed development. Therefore, staff recommends adoption of the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74590 for a three-unit condominium project at 545 8th Street, on the southeast corner of 8th Street and Bard Street, with access from 8th Street, and determines the project is Categorically Exempt from the California Environmental Quality Act (CEQA). 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.Poster Verification 3.Radius Map 4.Applicant Submittal 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 5 of 5 powered by Legistar™88 1 P.C. Resolution 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENATIVE PARCEL MAP NO. 74590 FOR A THREE-UNIT CONDOMINIUM PROJECT AT 545 8th STREET, LEGALLY DESCRIBED AS LOT 9, BLOCK S, TRACT #2002, 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 May 11, 2017 by the property owner/applicant Hayatti Family Trust C/O Nahid Mohammadifar, for development of property located at 545 8th Street, seeking approval of Conditional Use Permit 17-6, Precise Development Plan 17-6, and Vesting Tentative Parcel Map #74590 for a three-unit residential condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on July 18, 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 no 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 a single family residence with an attached two-car garage and develop a three-unit residential condominium project. 2. The subject property contains approximately 4,740 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 pursuant to the California Government Code Section 66474 and Sections 16.08.060 and 16.16.060 of the Municipal Code: 89 2 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 residential condominium project with all three units containing three levels with Unit 1 containing an additional mezzanine level. Each unit will provide a two-car garage. Standard parking spaces for Units 1 and 2 are provided in tandem while the standard parking spaces for Unit 3 are provided in a side-by-side manner. Two guest parking spaces, to be shared by all three units, are located south and adjacent to the Unit 2 and 3 garages. Parking for the site is accessed from 8th Street. 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 8th Street 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 single-and 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 patterns 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. 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. 90 3 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 residential condominium project with all three units containing three levels with Unit 1 containing an additional mezzanine level. Each unit will provide a two-car garage. Standard parking spaces for Units 1 and 2 are provided in tandem while the standard parking spaces for Unit 3 are provided in a side-by-side manner. Two guest parking spaces, to be shared by all three units, are located south and adjacent to the Unit 2 and 3 garages. Parking for the site is accessed from 8th Street. 14. All three units 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 the minimum requirement of 1,600 square feet for Unit 1 and 1,400 square feet for Units 2 and 3, the project does not exceed the 30 foot height limit, minimum open space of 300 square feet is met, and the front setback meets the five-foot minimum requirement. 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. 91 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 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 July 18, 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 the issuance of Certificate of Occupancy. b) Eight (8) parking spaces (6 garage spaces and two shared guest 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 and the CC&Rs shall reflect this condition. 92 5 c) The two guest parking spaces shall remain open and accessible to all three units, rather than being used for storage or any other purposes, and the CC&Rs shall reflect this condition. 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. 93 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 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. 10. 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. 11. 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. 12. 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 illumination shall be shown on plans. Address numbering and display shall be subject to approval by the Community Development Department. 94 7 Public Works 13. 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. 14. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 15. 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. 16. 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. 17. 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. 18. Sewer main work may be required after review of sewer lateral video. 19. 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 20. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter 16.08 of the Municipal Code. 21. 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. 22. 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. 95 8 Construction 23. 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. 24. 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. 25. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. Other: 26. 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. 27. 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. 28. The Planning Commission may review this Conditional Use Permit, Precise Development Plan and Vesting Tentative Map 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. 29. 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. 96 9 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: CERTIFICATION I hereby certify 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 July 18, 2017. Michael Flaherty, Chairman Ken Robertson, Secretary Date 97 Attachment 2 Poster Verification 98 99 100 101 Plumbing fixtures and fittings shall comply with the following: (2017 L.A. Green Building Code):DWHUV&ORVHWV”JDOIOXVK8ULQDOV”JDOIOXVK6LQJOH6KRZHUKHDGV”JSP#SVL4.303.1.3.2 Multiple Showerheads: combined flow rate of all showerheads and/or other shower outletscontrolled by a single valve shall not exceed 1.8 gpm @ 80 psi or only one shower outlet is to be inoperation at a time5HVLGHQWLDO/DYDWRU\)DXFHWV”JSP#SVL/DYDWRU\)DXFHWVLQ&RPPRQDQG3XEOLF8VH$UHDVRI5HVLGHQWLDO%XLOGLQJV”JSP#SVL0HWHULQJ)DXFHWV”JDOORQVSHUF\FOH.LWFKHQ)DXFHWV”JSP#SVLGENERAL NOTES:P. O. BOX 30522417 PALM AVENUEA R C H I T E C TMANHATTAN BEACH CA 90266www.SomersArchitecture.com310. 545-2132102 FFWPFBFWPBSJFOEDJFOEXRXXRXOCDSC00.00'TCTVCHSCSPGKKPGD(00.00')GMWMGMGKSDCOFFPCWPSDNOTE: ALL FLUORESCENT LUMINAIRES CAN BESUBSTITUTED WITH APPROVED LEDPPUTILITYUTILITYGRATE1ƒ :16.08'L=24.32' R= 2749.93'1ƒ :304.40'8TH STREETBARD STREET60.40'244.00'L=24.74' R=2784.93'TO S'LY LINE OF TRACTTO S'LY LINE OF TRACTNOT APARTPPPP102.62102.81101.45100.4699.79 FL99.8799.7399.99100.06 100.16100.89101.72102.78104.13103.08101.81100.9399.58 FL99.42 FL99.62 TCWM99.79102.18 100.09101.75101.40100.80100.1099.3598.9898.3598.4698.12 FL97.98 FL98.29 TC 98.6596.48 TC95.88 FL96.54 94.10 TC93.66 FL94.0693.909 3 . 1 6 90.7090 . 6 790.0090.16 TC89.68 FL87.50 TC86.99 FL87.5190.73UTILITYUTILITYSIGNPPGV89.11 TW102.17102.31103.30103.40103.36103.28103.35GM103.28103.36103.35103.03103.37102.04100.93 FL101.14 103.8197.37103.18101.92101.369 7 . 4 2 96 . 1 495.9796.3595.1396.5696.86100.32101.83102.00101.85101.3298.5496.6686 . 0 7 8 4 . 7 8 84.4084.40 FL84.77GRATE85.1285.49 FL86.18 TC85.04 TC85 . 5 186.0786.698 5 . 0 6 84.4885.548 6 . 5 9 8 8 . 9 1 94.789 5 . 2 0 9 5 . 7 1 P C 91.5092.899 4 . 5 3 91.678 4 . 0 189.5088 . 7 1 40.40'117.46'1ƒ :16.08'L=24.32' R= 2749.93'1ƒ :304.40'103.30 PC89.00 PC102.00102.0010 1 . 3 1 99.6597.6896.37100.24101.4099.998TH STREETBARD STREET60.40'244.00'L=24.74' R=2784.93'FOUND S&W LS 7328TO S'LY LINE OF TRACTTO S'LY LINE OF TRACT90 95 NOT APART117.13'102.20 PCTOW 106.25TOW 108.75TOW 107.75TOW 106.75T OW 1 0 5 . 7 5 TOW 104.75T OW 1 0 4 . 4 2 T OW 1 0 3 . 0 9 TOW 102.09TOW 101.75T OW 1 0 1 . 7 5TOW 101.00TOW 99.95TOW 97.75T OW 9 2 . 3 08"PALM40.40'117.46'117.13'95. 7 1 P C103.30 PC89.00 PC102.20 PCP.L. 117.13 'P.L. 117.46 ' P.L. 40.40'P.L. 24.32'P. O. BOX 30522417 PALM AVENUEA R C H I T E C TMANHATTAN BEACH CA 90266www.SomersArchitecture.com310. 545-2132103 TOW 106.25TOW 108.75TOW 107.75 T OW 1 0 6 . 7 5 TOW 105.75TOW 104.75T OW 1 0 4 . 4 2TOW 103.09T OW 1 0 2 . 0 9 TOW 101.75T OW 1 0 1 . 7 5TOW 101.00TOW 99.95TOW 97.75T OW 9 2 . 3 0 8.56. 070 Water Conservation Requirements.The following water conservation requirements shall apply to all persons:A. Landscaping.1. Watering hours and duration. No lawn or landscaped area shall be irrigated or watered by anymeans between the hours of 9:00 a.m. and 6:00 p.m. on any day. Above-ground spray irrigation orwatering shall not exceed fifteen (15) minutes per irrigation station or area. This provision shall not applyto drip irrigation systems, use of a hand-held bucket or similar container, use of a hand-held hoseequipped with a positive action quick-release shutoff valve or nozzle, irrigation necessary to establishnewly planted low water usage plants, or water expended for limited periods of time necessary forirrigation system maintenance or leak repair.2. Over-watering: No lawn or landscaped area shall be irrigated or watered to the point whereexcess water ponds, sprays or runs off the lawn or landscaped area onto any walkways, sidewalks,driveways, streets, alleys or storm drains.3. Irrigation during rainfall: No lawn or landscaped area shall be irrigated or watered during rainfallor within 24 hours after measurable rainfall.4. Landscape maintenance: All lawns and landscaping shall be regularly maintained to reducewater use by such methods as aerating, thatching and mulching.5. Landscape irrigation system maintenance: Landscape irrigation systems shall be regularlyinspected, maintained and repaired to eliminate leaks, remove obstructions to water emission devicesand eliminate over spraying.B. Pools and spas. New pools and spas shall be equipped with a cover. Not later than July 1, 2012, allexisting pools and spas shall be constructed, installed or equipped with a cover. Pools and spas shall becovered overnight and daily when use is concluded.C. Water fountains and decorative water features. No person shall operate a fountain or otherdecorative water feature that does not recycle or re-circulate the water utilized by the device.D. Cleaning. No person shall use water to wash or clean any sidewalks, walkways, patios, driveways,alleys, parking or similar areas, whether paved or unpaved; however, use of water brooms or pressurewashers or similar low flow technology, or water recycling systems to clean these surfaces, is permitted.In no case shall such water run off the property or drain onto any walkways, sidewalks, streets, alleys orstorm drains.E. Car washing. No person shall use water to wash or clean any motorized or un-motorized vehicle,including, but not limited to, an automobile, truck, boat, van, bus, motorcycle, trailer or similar vehicle,except by use of a bucket or similar container or a hand-held hose equipped with a positive actionquick-release shutoff valve or nozzle. This subsection shall not apply to any commercial car washingfacility that uses a water recycling system to capture or reuse water.F. Waste and leaks. No person shall:1. Cause, permit or allow water to leak from any exterior or interior pipe, hose or plumbing fixture.2. Cause, permit or allow water to flow from any source on private or public property ontowalkways, sidewalks, streets, alleys or storm drains, except as a result of rainfall or pumping excessivegroundwater infiltration, such as by means of a sump pump.3. The use of water for cleaning, washing and other uses shall be performed in an efficient mannerto reduce waste and total water use.8.60. 060 Standards for New Landscape." New Landscape" as defined in section 8.60.04 shall be designed to use theminimum amount of water required to maintain plant health. New landscape shall comply with all ofthe requirements in Sections 492.6 through 492.15 of the Model Efficient Ordinance and the following,whichever is more restrictive, unless an exception is granted pursuant to Section 8.60.050(D).A. Plant material.1. Plant species and landscape design shall be adapted to the climate, soils, topographicalconditions, and shall be able to withstand exposure to localized urban conditions such as pavementheat radiation, vehicle emissions and dust, and urban runoff. Water conserving plant and turf speciesshall be used.2. Plant species or specifications shall comply with any official list of species, guidelines orregulations adopted by the City to the extent that such lists, guidelines or regulations do not conflictwith this Chapter3. Plants listed in the current Invasive Plant Inventory for the southwest region by the CaliforniaInvasive Plant Council or similar source acceptable the Community Development Director areprohibited, except for known non-fruiting, non-invasive, sterile varieties or cultivars. Plants known to besusceptible to disease or pests in this Climate Zone six (6) shall not be used.4. The landscape area of projects proposing exclusively commercial or industrial uses shall bedesigned using exclusively water conserving plants. Single family residential, multi-family residential,mixed use and institutional use projects shall be designed with not more than twenty (20) percent ofthe total landscaped area in turf or high water use plants in the Water Use Classification for LandscapeSpecies (WUCOLS). Turf may be used as a bio-swale or bio-filter or for functional purposes such asactive recreational areas as determined by the Community Development Director. Public agenciesshall be exempt from this requirement.5. Turf shall not be allowed on slopes greater than twenty (20) percent. Where the toe of the slopeis adjacent to an impermeable surface, alternatives to turf should be considered on slopes exceedingtwenty (20) percent, meaning one (1) foot of vertical elevation change for every five (5) feet ofhorizontal length. Approved turf areas may be watered at 1.0 of the reference evapotranspiration (ETo).6 .Planted areas shall be covered with a minimum of two (2) inches of organic mulch, except inareas covered by groundcovers or within twenty-four (24) inches of the base of a tree, or where areduced application is indicated. Additional mulch material shall be added from time to time asnecessary to maintain the required depth of mulch.7. Species and landscape design shall complement and to the extent feasible in compliance withthis Chapter be proportional to the surroundings and streetscape and incorporate deciduous trees toshade west and south exposures. Landscaping shall not interfere with safe sight distances for vehiculartraffic, the vision clearance in Section 17.46.060, height restrictions for hedges in 17.46.130, pedestrianor bicycle ways, or overhead utility lines or lighting.B. Water features, pools and spas.1. Recirculating water systems shall be used for water features. Where available, recycled watershall be used as a source for decorative water features.2. Pools and spas shall be equipped with a cover and covered overnight and daily when use is concluded.C. Grading and runoff. Landscape design shall minimize soil erosion and runoff.1. Grading plans shall avoid disruption of natural drainage patterns to the extent feasible.2. Grading plans shall demonstrate that normal rainfall and irrigation will remain within theproperty lines and not drain onto impermeable surfaces, walkways, sidewalks, streets, alleys, gutters, orstorm drains.3. Plans and construction shall protect against soil compaction within landscape areas.4. Stormwater best management practices to minimize runoff, to increase on-site retention andinfiltration, and control pollutants shall be incorporated into project plans. Rain gardens, cisterns,swales, structural soil, permeable pavement, connected landscape areas, and other landscapefeatures and practices that increase onsite rainwater capture, storage and infiltration, emphasizingnatural approaches over technology-based approaches that require ongoing maintenance, shall beconsidered during project design. Plans and practices shall comply with Chapter 8.44.D. Irrigation systems.1. An automatic irrigation system using either evapotranspiration or soil moisture sensor data, witha rain shut-off sensor, shall be installed. Drip irrigation emitters shall emit no more than two (2) gallons per hour.2. An average landscape irrigation efficiency of 0.71 shall be used for the purpose of determiningMaximum Applied Water Allowance. Irrigation systems shall be designed, maintained, and managedto meet or exceed this efficiency. Landscapes using recycled water are considered Special LandscapeAreas, where the ET Adjustment Factor shall not exceed 1.0.3. The irrigation system shall be designed to prevent water waste resulting in runoff, overspray, orsimilar conditions where irrigation water ponds or flows onto non-irrigated areas, walkways, sidewalks,streets, alleys, gutters, storm drains, adjacent property, or similar untargeted areas. Runoff to otherpermeable or impermeable surfaces shall not be allowed.4. Narrow or irregularly shaped areas, including turf less than eight (8) feet in width in any direction,shall be irrigated with subsurface irrigation or low volume above-ground irrigation system.5. Overhead irrigation shall not be permitted within two (2) feet of any impermeable surface. Drip,drip line, or other low flow non-spray technology shall be used.6. All sprinklers shall have matched precipitation rates within each valve and circuit. All irrigationsystems shall be designed to include optimum distribution uniformity, head to head spacing, andsetbacks from sidewalks, pavement and impermeable surfaces.7. All irrigation systems shall provide backflow prevention devices in accordance with the currentedition of the California Building/Plumbing Code and check valves at the low end of irrigation lines toprevent unwanted draining of irrigation lines. Pressure regulators may be required if the pressure at thesprinkler head exceeds the manufacturer's recommended optimal operating pressure.8. Reclaimed water and graywater irrigation systems shall be used when reasonably feasible andshall conform to the current edition of the California Building/Plumbing Code, and all other applicablelocal, state and federal laws.E. Irrigation system hydrozones.1. The irrigation system shall conform to the hydrozones of the landscape design plan.2. Each hydrozone shall have plant materials with similar water use, with the exception ofhydrozones with plants of mixed water use where the plant factor of the higher water using plant isused for calculations. No hydrozone shall mix high and low water use plants.3. Sprinkler heads and other emission devices shall be appropriate for the plant type within thathydrozone. Where feasible, trees shall be placed on separate valves from turf, shrubs and groundcovers.4. No landscape plan or restriction of any type, including those applicable to common interestdevelopments such as condominiums, shall prohibit or include conditions that have the effect ofprohibiting native or water conserving plants.F. Landscape and irrigation maintenance.1. All landscape and related elements shall be designed and properly maintained to insurelong-term health and shall maintain conformance with the requirements of this Chapter.2. Irrigation scheduling shall be regulated by automatic irrigation controllers.3. Watering hours and duration shall be scheduled compliant with the requirements of Chapter 8.56.4. A regular maintenance schedule shall include, but not be limited to, routine inspection,adjustment and repair of the irrigation system, aerating and dethatching turf areas, replenishing mulch,fertilizing, pruning, weeding and removing any obstruction to emission devices.5. Repair of all irrigation equipment shall be promptly undertaken, using the originally installedcomponents, or equivalent or enhanced components compatible with the irrigation system.6. Landscape areas shall be permanently maintained and kept free of weeds, debris and litter;plant materials shall be maintained in a healthy growing condition and diseased or dead plantmaterials shall be replaced, in kind, pursuant to the approved plans within thirty (30) days. Alternatively,diseased or dead plant materials may be replaced with plant materials that have low water needs, asrated in the current edition of the Water Use Classification of Landscape Species.7. The use, storage and disposal of all landscape and lawn care products shall comply with allmanufacture's specifications and applicable laws, and minimize the discharge of pollutants to the environment.G. Notwithstanding the requirements of this Section, landscape design and maintenance shalladditionally comply with the requirements of Chapters 8.44 and 8.56, Title 17 (Zoning), any otherapplicable provisions of this code, and the requirements of a development permit, whichever is more restrictive.Water Permeable Surfaces:A4.106.4 Water permeable surfaces.1. Utilize water permeable surgaces (e.g., permeable paving or landscaping) on not less than50%of the exterior surface areas (excluding building footprints) that are disturbed by the project.Subsurface infiltration alternatively may be used, designed to infiltrate the volume of runoffproduced by a 0.75 inch storm event. A maintenance agreement for infiltration or an annual fee forpostconstruction treatment control measures in lieu of infiltration may be required in an amountestablished by resolution of the City Council.2. Direct runoff from the remainder of all impermeable paving surfaces on the project site, including roofrunoff and downspouts from roofs, onto permeable areas or into a subsurface infiltration systemdesigned to infiltrate the volume of runoff produced by a 0.75 inch storm event. A maintenanceagreement for infiltration or an annual fee for postconstruction treatment control measures in lieu ofinfiltration may be required in an amount established by resolution of the City Council.Exception: Required accessible routes for persons with disabilities as required by California Code ofRegulations, Title 24, Part 2, Chapter 11A and/or Chapter 11B as applicable.P. O. BOX 30522417 PALM AVENUEA R C H I T E C TMANHATTAN BEACH CA 90266www.SomersArchitecture.com310. 545-2132104 CP1CP2CP3CP1CP1CP2 CP2CP3CP3 CP4CP4CP4 CP5CP5CP6 CP6CP6CP7CP7CP18CP18CP19CP19CP19 CP8 CP8CP8CP9CP9CP9 CP11CP12CP13CP10CP10 CP10CP11CP12CP13CP11 CP12 CP13 CP14CP14CP14 CP15 CP15CP20CP20CP20 CP16 CP17CP16CP17 CP16CP17CP21CP21CP21 CP15P. O. BOX 30522417 PALM AVENUEA R C H I T E C TMANHATTAN BEACH CA 90266www.SomersArchitecture.com310. 545-2132105 P. O. BOX 30522417 PALM AVENUEA R C H I T E C TMANHATTAN BEACH CA 90266www.SomersArchitecture.com310. 545-2132106 8 6 . 9 9 F L 8 9 . 6 8 F L 90.16 TC87.50 TC85 . 4 9 F L 86.18 TC84.40 FL85.04 TC84.4885.0685.518 6 . 0 7 86 . 6 9 87.5189.11 TW89.11 TW89.00 PC SE119.00 PC SE88.7190.0090.7093.66 FL9 4 . 1 0 T C95.88 FL96.48 TC97.98 FL 98.29 TC 98.12 FL99.42 FL99.62 TC99.58 FL 99.79 FL101.75 GFF102.0099.7999.99100.10100.80103.30 PC NW133.30 PC NW98.65908580105100951101151201251301359085801051009511011512012513013596.86100.8295.97101.61102.73102.55P. O. BOX 30522417 PALM AVENUEA R C H I T E C TMANHATTAN BEACH CA 90266www.SomersArchitecture.com310. 545-2132107 86.99 FL89.68 FL90.16 TC87.50 TC85.49 FL86.18 TC84.40 FL85.04 TC84.4885.0685.5186.0786.6987.5189.11 TW89.00 PC SE1 1 9 . 0 0 P C S E M A X88.7190.0090.7093.66 FL94 . 1 0 T C 95.88 FL96.48 TC97.98 FL98.29 TC 98.12 FL99.42 FL99.62 TC99.58 FL99.79 FL102.0099.7999.99100.10100.80(102.20 PC SW)(132.20 PC SW MAX)98.6599 . 6 5 9 7 . 6 8 96.3796 . 6 6 95.138 9 . 5 0 101.31133.30 PC NW MAX 125.71 PC NE MAXCP7 CPa 129.49CPp 129.33CP15 CPa 120.87CPp 120.67C P 1 7 C P a 1 2 2 . 4 4 C P p 1 2 2 . 4 2 C P 1 6 C P a 1 2 4 . 7 8CPp 124.75CP1 CPa 130.59CPp 130.58CP18CPa 128.78CPp 127.16CP4 C P a 1 2 8 . 3 5 C P p 1 2 8 . 2 5CP4 CPa 128.35CPp 128.25CP5 CPa 129.46CPp 129.33CP6 CPa 127.40CPp 126.5 CP5 CPa 129.46C P p 1 2 9 . 3 3CP8 CPa 127.28 C P p 1 2 7 . 0CP9 CPa 125.43C P p 1 2 5 . 0 CP11 CPa 126.22CPp 125.92CP12 CPa 126.41CPp 125.92C P 1 4 CPa 124.89 C P p 1 2 4 . 3 3 C P 1 0 CPa 122.22C P p 1 2 1 . 7 5 C P 1 5 CPa 120.87CPp 120.67C P 1 7 C P a 1 2 2 . 4 4 C P p 1 2 2 . 4 2CP20CPa 125.45CPp 124.75CP9 CPa 125.43CPp 125.0CP8 CPa 127.28 C P p 1 2 7 . 0CP16 CPa 124.78CPp 124.75CP20CPa 125.45CPp 124.75C P 6 C P a 1 2 7 . 4 0CPp 126.5C P 1 9 CPa 126.13C P p 1 2 5 . 0 CP2 CPa 130.83CPp 130.75CP3 CPa 130.22CPp 129.92CP7 CPa 129.49CPp 129.33CP18CPa 128.78CPp 127.16CP19 CPa 126.13CPp 125.0C P 1 3 CPa 123.71CPp 123.66C P 1 6 C P a 1 2 4 . 7 8CPp 124.75CP10 CPa 122.22CPp 121.75CP13 CPa 123.71CPp 123.66C P 1 4 CPa 124.89 CPp 124.33CP11 CPa 126.22CPp 125.92C P 1 2 CPa 126.41CPp 125.92CP20CPa 125.45CPp 124.75P. O. BOX 30522417 PALM AVENUEA R C H I T E C TMANHATTAN BEACH CA 90266www.SomersArchitecture.com310. 545-2132108 95.71 PC NE 96.14125.71 P C N E M A X97.42103.18103.35103.36103.30 PC NW133.30 PC NW MAX103.28102.04102.73 TW 103.3598.54101.36103.4089.00 PC SE119.00 PC SE MAX(102.20 PC SW)(132.20 PC SW MAX)P. O. BOX 30522417 PALM AVENUEA R C H I T E C TMANHATTAN BEACH CA 90266www.SomersArchitecture.com310. 545-2132109 P. O. BOX 30522417 PALM AVENUEA R C H I T E C TMANHATTAN BEACH CA 90266www.SomersArchitecture.com310. 545-2132110 111 112 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0419 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 Informational Session on the Draft Environmental Impact Report for the proposed Skechers Design Center and Executive Offices project along the Sepulveda-Pacific Coast Highway corridor in Hermosa Beach and Manhattan Beach, including opportunity for public comment (the public review and comment period for written comments is from June 15, 2017 to August 15, 2017). (ITEM ADDED TO THE AGENDA ON JULY 15, 2017) The City’s consultants who prepared the Draft Environmental Review Consultant (DEIR) will provide an informational presentation regarding the DEIR and will take questions from the Commission and accept public comments on the document. Respectfully Submitted by: 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™113 Skechers Design Center and Executive Offices Project Environmental Impact Report Planning Commission Hearing July 18, 2017 114 Disclose the significant environmental effects of proposed actions Identify ways to avoid or reduce environmental damage Consider feasible alternatives to proposed actions Facilitate public participation CEQA Purposes 115 CEQA Environmental Review Process City makes a decision on the project City prepares Findings City prepares Final EIR Public Review Period (60 days) City files Notice of Completion City prepares Draft EIR City circulates Notice of Preparation (30 days) We are here 116 Hermosa Beach Site 2851, 2901, 3001, & 3125 Pacific Coast Highway Currently developed with new and used auto sales & repair facilities All buildings currently vacant 117 Manhattan Beach Sites 305, 309, 317 S. Sepulveda Boulevard; 1050 Duncan Avenue (westside of Sepulveda) Currently developed with small commercial buildings; other buildings recently demolished 330 S. Sepulveda Boulevard (east side of Sepulveda) Currently vacant; former car wash demolished 118 Development Sites and Surrounding Land Uses 119 Hermosa Beach Component ProjectComponent Details Design Center •100,296 square feet of building area•South of 30th Street•35-40 showrooms , 35- 40 product development rooms, offices, cafeteria, and ancillary uses, outdoor terraces•520 subterranean parking spaces•Up to 430 employees•Host large company meetings approximately 2 times a year Executive Offices •20,207 square feet of building area•North of 30th street•Offices, patio, lobby,dining area, coffee house•89 subterranean parking spaces•80 employees Building Height •35 feet above grade (3 stories) 120 Develop a new Design Center to display Skechersshoes in modern state of the art showrooms in one location Create facilities providing sufficient space for additional offices to meet current and future needs, as well as showrooms that would be used during conference events hosted by Skechersapproximately twice per year Maintain proximity to the existing Skechers campus and Los Angeles International Airport Generate 655 new jobs in the cities of Hermosa Beach and Manhattan Beach. Achieve LEED Gold Certification for all three project components Create a consistent pattern of development along SR 1 that matches the existing Skechers campus and redevelops three underutilized sites Project Objectives 121 Hermosa Beach Requested Approvals Certification of the Final EIR Lot Line Adjustments to combine four parcels into one lot on each side of 30th Street Precise Development Plan Administrative Use Permit for the outdoor patio Parking Plan to account for buses and conferences, at the Design Center only Vacation of the alley west of/behind 2851 SR 1 Subsurface vacation of 30th Street or other entitlement to allow underground pedestrian tunnel between the two buildings Construction and encroachment permits 122 305 S. Sepulveda Component Project Component Details Office Building •37,174 square feet of building area•Outdoor terrace on the 2nd floor facing Sepulveda Blvd.•150 employees Parking •3 subterranean levels•199 spaces (124 required per code) Building Height •30 feet above grade (2 stories) 123 330 S. Sepulveda Component ProjectComponent Details Office Building •Expansion of the existing Skechers building•20,328 square feet of new building area (75,373 total)•Deck facing Sepulveda on 1st and 2rd floors for employee use•Walkways on the 1st and 2rd floors connect to the existing building•75 employees Subterranean Parking •4 subterranean levels•119 spaces (389 total) Building Height •30 feet above grade (2 stories) 124 Manhattan Beach Requested Approvals 305 S. Sepulveda Use Permit for development on Sepulveda Boulevard Lot Line Adjustment to combine 3 lots into 1 330 S. Sepulveda Use Permit Amendment for alteration of the existing building’s Use Permit Lot Merger to combine 2 lots into 1 125 Photosimulation of Design Center Hermosa Beach Site 126 Issues Analyzed in the EIR Aesthetics Air Quality Biological Resources Cultural Resources Geology Greenhouse Gases Hazards and Hazardous Materials Land Use and Planning Population & Housing Noise Transportation/Traffic Utilities and Service Systems Red text indicates a significant and unavoidable impact. 127 Site-specific review of each project component Focus on impacts to neighboring properties Consideration of both temporary construction effects and long-term operational effects Evaluation of overall effects of the three combined components Evaluation of the three components in combination with other planned and pending (cumulative) development Analysis Approach 128 Noise exceeding ambient levels throughout construction at all three sites Construction activity limited to allowable hours (8-6 in Hermosa Beach, 7:30-6 in Manhattan Beach) Impact at Hermosa Beach site significant because of: Exceedance of current 45 dBA Lmax standard Long duration of construction (30 months) Temporary Construction Noise 129 On-site staging area to minimize off-site transportation of heavy construction equipment Use the newest available power construction equipment with standard recommended noise shielding and muffling devices Use of electrically-powered tools Use of temporary solid noise attenuation barrier that achieves the maximum sound attenuation feasible Operation of equipment with closed engine doors and mufflers consistent with manufacturers’ standards Non-automated telephone number for local residents and employees to call to submit complaints associated with construction noise Scheduling of construction activities to avoid operating several pieces of equipment simultaneously Construction Noise Mitigation 130 Significant impacts at SR 1/30th Street SR 1/Keats Street SR 1/Tennyson Street Greatest impacts during excavation (24 months) Truck staging in front of construction sites limited to off-peak traffic hours Further mitigation beyond standard construction management not available Temporary Construction Traffic 131 Intersection Combined Project (all three components)Hermosa Beach Only 305 S. Sepulveda Only 330 S. Sepulveda Only Hermosa Beach Criteria Manhattan Beach Criteria Caltrans Criteria Hermosa Beach Criteria Manhattan Beach Criteria Caltrans Criteria Hermosa Beach Criteria Manhatta n Beach Criteria Caltrans Criteria Hermosa Beach Criteria Manhatta n Beach Criteria Caltrans Criteria 9. SR 1 / Manhattan Beach Blvd. X X 12. SR 1 / Duncan Ave.-Duncan Dr.X X X X X X 13. SR 1 / Longfellow Ave. – Longfellow Dr. X 14. SR 1 / 30th St.X X X X X X X X 15. SR 1 / Keats St.X X X X X X X X 16. SR 1 / Tennyson St.X X X X X X X X 17. SR 1 / Gould Ave. –Artesia Blvd. X X X X X X Total Number of Significant Intersection Impacts 4 5 6 2 5 6 0 3 4 0 2 2 Operational Traffic Impacts (x denotes a significant impact) 132 Combination of physical improvements and transportation demand management (TDM) If all measures implemented, impacts reduced to less than significant Traffic signals needed at SR 1/Duncan Avenue SR 1/30th Street SR 1/Keats Street Caltrans approval needed, but unlikely for all three signals Traffic Mitigation 133 No Project Commercial Retail Consistent with C-3 & CG zones 185,566 sf of retail development (all three sites) Reduced Project Size Option A: Reduce all components by 14% Option B: Remove coffee shop/reduce Design Center size Alternatives 134 Commercial Retail Substantially greater daily and PM peak hour traffic Potential for significant air quality & GHG impacts Would not meet project objectives related to developing a Design Center, providing sufficient space, or creating new jobs Reduced Project Size Avoids significant traffic impact at one intersection (SR 1/Longfellow) Other potentially significant traffic impacts remain Incremental reduction in other impacts May not meet objectives related to meeting future space needs and creating jobs Alternatives (cont’d) 135 Signalization of SR 1/Keats Intersection Restriction of Access to SR 1 Ground Level Parking between Skechers and Residences Larger Setback between Hermosa Beach Component and Residences No 30th Street Access to Hermosa Beach Parking Structure Pedestrian Bridge Across SR 1 Phasing Construction Further Reduced Project Alternative Site Alternatives Considered, but Rejected 136 EIR Schedule 8/15/2017 – End of Draft EIR comment period August-October 2017 – City/consultant team prepares Final EIR Responses to comments on Draft EIR Mitigation Monitoring Plan November 2017 – January 2018 - Hearings on Final EIR and project 137 Questions? 138 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0401 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 TEXT #17-3 -- Text Amendment to the Municipal Code, Title 17 (Zoning) Section 17.46.010 Height of Roof Structures, to state that for commercial and industrial zones citywide, all roof elements listed under Section 17.46.010.A are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards and determine the project is not subject to the California Environmental Quality Act (CEQA). Applicant:City of Hermosa Beach Recommended Action: Adopt the attached resolution recommending the City Council adopt a text amendment to state that for commercial and industrial zones citywide, all roof elements listed under Hermosa Beach Municipal Code (HBMC) Section 17.46.010.A are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Background: During the June 20,2017 hearing the Planning Commission initiated a text amendment to HBMC Section 17.46.010 specifying that in commercial and industrial zones,elevator housing be reviewed and treated similar to chimneys,vents and flues for residential uses where these roof elements may exceed the height limit only to the minimum amount necessary to comply with the California Building Code standards.This would allow case-by-case flexibility as to not limit ADA access or restrict elevator safety measures,while also not authorizing excessive eight-foot tall elevator housing units when unnecessary. The City’s Building Official confirms that all roof elements listed under HBMC Section 17.46.010.A are governed by the California Building Code.Therefore,staff recommends the following amendments to clarify that all roof elements listed are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards. HBMC Section 17.46.010.A is provided below with proposed amendments included. The underlined section shows where clarification language has been added whereas strikethroughs indicate where language has been removed. Section: 17.46.010.A Height of roof structures. City of Hermosa Beach Printed on 2/20/2024Page 1 of 3 powered by Legistar™139 Staff Report REPORT 17-0401 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,All elements listed below are governed by the California Building Code and the element may exceed the height limit only by the minimum amount necessary to comply with the Uniform California 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. Analysis: The proposed amendments will clearly categorize all roof elements, 1-11, as listed under HBMC Section 17.46.010.A as being governed by the California Building Code standards. The proposed amendments are consistent with the purposes of the Commercial zones (Section 17.26) and Specific Plan Areas which refer to the Commercial zoning standards as well as the M-1 Light Manufacturing zone (Section 17.28). Applicable purpose statements and statement of consistency are as follows: 5. Ensure that the appearance and effects of commercial building and uses are harmonious with the character of the area in which they are located (Section 17.26.020 HBMC); E. Ensure that the appearance and effects of manufacturing and commercial buildings in the M-1 zone are harmonious with the character of the area which they are located (Section 17.28.010 HBMC). The amendment will not alter, but will supplement the development standards applicable to the Commercial and Manufacturing zones and allow case-by-case flexibility while also not authorizing excessive eight-foot tall roof elements when unnecessary as specified by the California Building Code. All roof elements listed under HBMC Section 17.46.010.A will be clearly identified as being governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards.Therefore,vagueness as to which elements are governed by the California Building Code versus which elements are authorized,by right,to exceed the height limit of the zone up to eight feet as previously permitted will be eliminated. Roof elements which exceed the allowable height limit will remain limited to cover no more than five percent of the total roof area.Therefore,appearance and harmony with the character of the area in which uses and buildings are located will not be affected. City of Hermosa Beach Printed on 2/20/2024Page 2 of 3 powered by Legistar™140 Staff Report REPORT 17-0401 CEQA Compliance: The project is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in a direct or reasonably foreseeable indirect physical change in the environment. In addition the project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) which states that CEQA applies only to projects which have a potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The zone text amendment changes are not subject to CEQA and in addition to, the project would be categorically exempt as the project is procedural in nature and there is no possibility that the activity in question may have a significant effect on the environment. Summary: Cities have a variety of approaches to ensure that mass and bulk of roof elements and projections on commercial and industrial roof tops 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. Therefore, staff recommends the Planning Commission recommend the City Council adopt a text amendment to HBMC Section 17.46.010.A indicating that all roof elements listed therein are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). The amendment will allow case-by-case flexibility while also not authorizing excessive eight-foot tall roof elements when unnecessary. Attachments: 1.Proposed Resolution 2.Exhibit A Proposed Ordinance 3.Planning Commission June 20, 2017 Staff Report 4.Planning Commission April 18, 2017 Staff Report 5.Attachment 1 to April 18, 2017 Staff Report 6.Attachment 2 to April 18, 2017 Staff Report 7.Relevant Code Section 8.Legal Notice Respectfully Submitted by: Nicole Ellis, Associate Planner Concur: Kim Chafin, Senior Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 3 of 3 powered by Legistar™141 1 RESOLUTION P.C. 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A ZONE TEXT AMENDMENT TO MUNICIPAL CODE SECTION 17.46.010 TO STATE THAT FOR COMMERCIAL AND INDUSTRIAL ZONES CITYWIDE, ALL ROOF ELEMENTS LISTED UNDER SECTION 17.46.010.A ARE GOVERNED BY THE CALIFORNIA BUILDING CODE AND MAY EXCEED THE HEIGHT LIMIT ONLY BY THE MINIMUM AMOUNT NECESSARY TO COMPLY WITH THE CALIFORNIA BUILDING CODE STANDARDS AND DETERMINE THE PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: SECTION 1. During the April 21, 2015 Planning Commission hearing, Commissioner Allen requested and seconded by Commissioner Perrotti that the discussion of elevator housing height be placed on a future agenda for discussion. SECTION 2. During the November 17, 2015 Planning Commission hearing, staff presented a memorandum concerning whether elevator housing should continue to be included as one of the roof structure elements that may exceed the height limit in commercial and manufacturing zones. Planning Commission consensus was to direct staff to bring back the item with more information. SECTION 3. During the March 15, 2016 Planning Commission hearing, the 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. SECTION 4. During the April 18, 2017 Planning Commission hearing, the Commission directed staff to focus research on the two immediate neighboring coastal cities, Manhattan Beach and Redondo Beach 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. SECTION 5. During the June 20, 2017 Planning Commission hearing, the Commission initiated 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 roof elements may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards. This would allow case-by-case flexibility while also not authorizing excessive eight-foot tall roof elements when unnecessary. 142 2 SECTION 6. The Planning Commission held a duly noticed public hearing on July 18, 2017 to consider amending Municipal Code Section 17.46.010 to state that for commercial and industrial zones citywide, all roof elements listed under Section 17.46.010.A are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards (TEXT 17-3). SECTION 7. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in a direct or reasonably foreseeable indirect physical change in the environment. In addition the project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) which states that CEQA applies only to projects which have a potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The zone text amendment changes are not subject to CEQA and in addition to, the project would be categorically exempt as the project is procedural in nature and there is no possibility that the activity in question may have a significant effect on the environment. SECTION 8. The proposed text amendment is consistent with the purposes of the General Plan, with Commercial and Specific Plan Areas which refer to Commercial zoning standards and Light Manufacturing zones and will not create adverse impacts to the environment or surrounding area as substantiated in the Staff Report for this amendment. SECTION 9. The Planning Commission hereby recommends City Council approval of the proposed ordinance attached hereto as Exhibit A. VOTE: AYES: NOES: 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 July 18, 2017. ________________________________ ______________________________ Mike Flaherty, Chairman Ken Robertson, Secretary Date 143 Exhibit A ORDINANCE NO. _______ AN ORDINANCE REGARDING ROOF ELEMENTS FOR COMMERCIAL AND INDUSTRIAL ZONES CITYWIDE TO STATE THAT ALL ROOF ELEMENTS LISTED UNDER SECTION 17.46.010.A ARE GOVERNED BY THE CALIFORNIA BUILDING CODE AND MAY EXCEED THE HEIGHT LIMIT ONLY BY THE MINIMUM AMOUNT NECESSARY TO COMPLY WITH THE CALIFORNIA BUILDING CODE STANDARDS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: Section 1. Section 17.46.010.A of Chapter 17.46 of Title 17 of the Hermosa Beach Municipal Code is amended by adding/amending the following language: 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. All elements listed below are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California 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. Section 2. During the April 21, 2015 Planning Commission hearing, Commissioner Allen requested and seconded by Commissioner Perrotti that the discussion of elevator housing height be placed on a future agenda for discussion. Section 3. During the November 17, 2015 Planning Commission hearing, staff presented a memorandum concerning whether elevator housing should continue to be included as one of the roof structure elements that may exceed the height limit in commercial and manufacturing zones. Planning Commission consensus was to direct staff to bring back the item with more information. Section 4. During the March 15, 2016 Planning Commission hearing, the Commission discussed priority levels of various staff items and asked that elevator housing be discussed after 144 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. Section 5. During the April 18, 2017 Planning Commission hearing, the Commission directed staff to focus research on the two immediate neighboring coastal cities, Manhattan Beach and Redondo Beach 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. Section 6. During the June 20, 2017 Planning Commission hearing, the Commission initiated 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 roof elements may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards. This would allow case-by-case flexibility while also not authorizing excessive eight-foot tall roof elements when unnecessary. Section 7. The Planning Commission held a duly noticed public hearing on July 18, 2017 to consider amending Municipal Code Section 17.46.010 to state that for commercial and industrial zones citywide, all roof elements listed under Section 17.46.010.A are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards (TEXT 17-3). Section 8. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in a direct or reasonably foreseeable indirect physical change in the environment. In addition the project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) which states that CEQA applies only to projects which have a potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The zone text amendment changes are not subject to CEQA and in addition to, the project would be categorically exempt as the project is procedural in nature and there is no possibility that the activity in question may have a significant effect on the environment. Section 9. The proposed text amendment is consistent with the purposes of the General Plan, with Commercial and Specific Plan Areas which refer to Commercial zoning standards and Light Manufacturing zones and will not create adverse impacts to the environment or surrounding area as substantiated in the Staff Report for this amendment. PASSED, APPROVED AND ADOPTED this __ day of _____________, 2017. ____________________________ MAYOR Attest: _______________________ City Clerk 145 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 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. 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. File #:REPORT 17-0364,Version:1 Hermosa Beach Printed on 6/19/2017Page 1 of 6 powered by Legistar™146 File #:REPORT 17-0364,Version:1 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 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 Hermosa Beach Printed on 6/19/2017Page 2 of 6 powered by Legistar™147 File #:REPORT 17-0364,Version:1 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 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 Hermosa Beach Printed on 6/19/2017Page 3 of 6 powered by Legistar™148 File #:REPORT 17-0364,Version:1 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 Hermosa Beach Printed on 6/19/2017Page 4 of 6 powered by Legistar™149 File #:REPORT 17-0364,Version:1 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 specified5. 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 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- Hermosa Beach Printed on 6/19/2017Page 5 of 6 powered by Legistar™150 File #:REPORT 17-0364,Version:1 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 Hermosa Beach Printed on 6/19/2017Page 6 of 6 powered by Legistar™151 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™152 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™153 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™154 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™155 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. 156 Drawings of Conventional Traction and Hydraulic Elevators http://www.electrical-knowhow.com/2012/04/elevators-types-and-classification-part.html 157 158 Relevant Code Section Chapter 17.46 YARD, HEIGHT AND AREA RESTRICTIONS Section: 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. B. Residential Zones. Residential uses may have chimneys, vents and flues exceed the height limit only to the extent required to meet the Uniform Building Code requirements. C. No structure exceeding the height limit under this section shall result in additional floor area. D. For the height standards for antennas, satellite dishes, and similar structures refer to Section 17.46.210. E. For the development standards for solar energy systems refer to Section 17.46.220. F. For the height standards for single-pole umbrellas refer to Section 17.46.230. G. For the height and development standards for small wind energy systems refer to Section 17.40.200. (Ord. 09-1304 §3, 2010; Ord. 08-1296 §1, 2008; Ord. 08-1295 §1, 2008; Ord. 04- 1245 §4, . 2004; prior code Appx. A, § 1201) 159 Easy Reader Run Date: July 6, 2017 DISPLAY Acct: 7010-2110 City of Hermosa Beach PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public hearing on Tuesday, July 18, 2017, to consider the following: 1. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74670 for a two- unit condominium project at 1706 Manhattan Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act. 2. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74590 for a three- unit condominium project at 545 8th Street, and determination that the project is categorically exempt from the California Environmental Quality Act. 3. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74969 for a two- unit condominium project at 1703 Manhattan Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act. 4. Text Amendment to the municipal code, Title 17 (zoning) section 17.46.010 height of roof structures, to state that elevator housing for commercial and industrial zones citywide may exceed the height limit only to the extent required to meet the California Building Code requirements and determine the project is not subject to the California Environmental Quality Act (CEQA). SAID PUBLIC HEARINGS shall be held at 7:00 P.M., or as soon thereafter as the matter may be heard, in the City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254. ANY AND ALL PERSONS interested are invited to participate and speak at these hearings at the above time and place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the Community Development Department, Planning Division, in care of City Hall at 1315 Valley Drive, Hermosa Beach, CA 90254 prior to Thursday, July 13, 2017, at 12:00 noon. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Community Development Department, Planning Division, at, or prior to, the public hearing. FOR FURTHER INFORMATION, please contact the Community Development Department, Planning Division, at (310) 318-0242 or fax to (310) 937-6235. The Department is open from 7:00 a.m. to 6:00 p.m. Monday through Thursday. Please contact a staff planner to discuss any project on the Planning Commission agenda. A copy of the staff report(s) in the Planning Commission packet will be available for public review at the end of the business day on Thursday, July 13, 2017, at the Hermosa Beach Police Department, Public Library, and on the City’s website at www.hermosabch.org. Relevant Municipal Code sections are also available on the website. Elaine Doerfling City Clerk 160 1 RESOLUTION P.C. 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A ZONE TEXT AMENDMENT TO MUNICIPAL CODE SECTION 17.46.010 TO STATE THAT FOR COMMERCIAL AND INDUSTRIAL ZONES CITYWIDE, ALL ROOF ELEMENTS LISTED UNDER SECTION 17.46.010.A ARE GOVERNED BY THE CALIFORNIA BUILDING CODE AND MAY EXCEED THE HEIGHT LIMIT ONLY BY THE MINIMUM AMOUNT NECESSARY TO COMPLY WITH THE CALIFORNIA BUILDING CODE STANDARDS AND DETERMINE THE PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: SECTION 1. During the April 21, 2015 Planning Commission hearing, Commissioner Allen requested and seconded by Commissioner Perrotti that the discussion of elevator housing height be placed on a future agenda for discussion. SECTION 2. During the November 17, 2015 Planning Commission hearing, staff presented a memorandum concerning whether elevator housing should continue to be included as one of the roof structure elements that may exceed the height limit in commercial and manufacturing zones. Planning Commission consensus was to direct staff to bring back the item with more information. SECTION 3. During the March 15, 2016 Planning Commission hearing, the 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. SECTION 4. During the April 18, 2017 Planning Commission hearing, the Commission directed staff to focus research on the two immediate neighboring coastal cities, Manhattan Beach and Redondo Beach 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. SECTION 5. During the June 20, 2017 Planning Commission hearing, the Commission initiated 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 roof elements may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards. This would allow case-by-case flexibility while also not authorizing excessive eight-foot tall roof elements when unnecessary. 161 2 SECTION 6. The Planning Commission held a duly noticed public hearing on July 18, 2017 to consider amending Municipal Code Section 17.46.010 to state that for commercial and industrial zones citywide, all roof elements listed under Section 17.46.010.A are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards (TEXT 17-3). SECTION 7. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in a direct or reasonably foreseeable indirect physical change in the environment. In addition the project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) which states that CEQA applies only to projects which have a potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The zone text amendment changes are not subject to CEQA, and the project is categorically exempt as the project is procedural in nature and will in no way create negative impacts to the environment. The amendment will reduce potential impacts compared to existing conditions as it requires the reduction in height and massing when necessary and required by the California Building Code. Therefore, there is no possibility that the activity in question may have a significant effect on the environment. SECTION 8. The proposed text amendment is consistent with the purposes of the General Plan, with Commercial and Specific Plan Areas which refer to Commercial zoning standards and Light Manufacturing zones and will not create adverse impacts to the environment or surrounding area because the amendment will result in reduced height in roof structures, as required by the California Building Code, as listed in Section 17.46.010.A as substantiated in the Staff Report for this amendment. SECTION 9. The Planning Commission hereby recommends City Council approval of the proposed ordinance attached hereto as Exhibit A. VOTE: AYES: NOES: 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 July 18, 2017. ________________________________ ______________________________ Mike Flaherty, Chairman Ken Robertson, Secretary Date 162 Exhibit A ORDINANCE NO. _______ AN ORDINANCE REGARDING ROOF ELEMENTS FOR COMMERCIAL AND INDUSTRIAL ZONES CITYWIDE TO STATE THAT ALL ROOF ELEMENTS LISTED UNDER SECTION 17.46.010.A ARE GOVERNED BY THE CALIFORNIA BUILDING CODE AND MAY EXCEED THE HEIGHT LIMIT ONLY BY THE MINIMUM AMOUNT NECESSARY TO COMPLY WITH THE CALIFORNIA BUILDING CODE STANDARDS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: Section 1. The Planning Commission held a duly noticed public hearing on July 18, 2017 to consider amending Municipal Code Section 17.46.010 to state that for commercial and industrial zones citywide, all roof elements listed under Section 17.46.010.A are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards (TEXT 17-3). Section 2. The City Council held a duly noticed public hearing on XXXX to consider amending Municipal Code Section 17.46.010 to state that for commercial and industrial zones citywide, all roof elements listed under Section 17.46.010.A are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards (TEXT 17-3). Section 3. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in a direct or reasonably foreseeable indirect physical change in the environment. In addition the project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) which states that CEQA applies only to projects which have a potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The zone text amendment changes are not subject to CEQA, and the project is categorically exempt as the project is procedural in nature and will in no way create negative impacts to the environment. The amendment will reduce potential impacts compared to existing conditions as it requires the reduction in height and massing when necessary and required by the California Building Code. Therefore, there is no possibility that the activity in question may have a significant effect on the environment. Section 4. Section 17.46.010.A of Chapter 17.46 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: 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. All elements listed below are governed by the 163 California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California 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. Section 5. The proposed text amendment is consistent with the purposes of the General Plan, with Commercial and Specific Plan Areas which refer to Commercial zoning standards and Light Manufacturing zones and will not create adverse impacts to the environment or surrounding area because the amendment will result in reduced height in roof structures, as required by the California Building Code, as listed in Section 17.46.010.A as substantiated in the Staff Report for this amendment. PASSED, APPROVED AND ADOPTED this __ day of _____________, 2017. ____________________________ MAYOR Attest: _______________________ City Clerk 164 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0418 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 C-36 -- CONDITIONAL USE PERMIT REVIEW PROCESS Recommended Action: 1.Confirm Planning Commission proposed revisions to the policy “Process and Standards for Review of On-Sale Alcoholic Beverage Conditional Use Permits”; and 2.Recommend City Council adopt the policy as revised. Background: On June 20, 2017 the Planning Commission considered recommendations from subcommittee members Rice and Pederson and recommendations from the Police Department regarding the Conditional Use Permit (CUP) Review process and voted to recommend certain of the proposed changes to the City Council. <https://docs.google.com/gview?url=http%3A%2F%2Fhermosabeach.legistar1.com% 2Fhermosabeach%2Fmeetings%2F2017%2F6%2F1086_A_Planning_Commission_17-06- 20_Regular_Meeting_Agenda.pdf&embedded=true> At that time staff indicated that, for purposes of accuracy, we would report back to the Commission with the proposed revisions before sending the recommendation on to the City Council. Analysis: Based on the June 20, 2017 Planning Commission discussion, staff understands that the Commission wishes to recommend the following changes (with notation showing the subcommittee’s recommendation): 1.Police Department will supplement the information being provided to Planning Commission regarding: a.Alleged violations reported by the City to ABC (Proposed recommendation #6) b.Information regarding trends of over serving alcohol and who may be responsible tabulated from responses to the question “coming from?, going to?, where now?”for incidents where public intoxication was involved (i.e. DUI arrests and other reported incidents) (Proposed recommendation #2 and #3) c.Information gathered regarding consistency with Police Department identified “ABC Model House Policies” that are being monitored. (Other Requests) City of Hermosa Beach Printed on 2/20/2024Page 1 of 3 powered by Legistar™165 Staff Report REPORT 17-0418 2.Fire Department will supplement the information provided to the Planning Commission regarding: a.Provide a report all Fire Department paramedic response/support calls for intoxication/injuries in Downtown only, including suspects’ answers to the question “coming from? Going to? Where now?” (Proposed recommendation #5) b.Details on the frequency and outcomes of occupant load checks (Fire Department coordinated with Code Enforcement). (Proposed recommendation #4) 3.Change to the policy entitled “Process and Standards for Review of On-Sale Alcoholic Beverage Conditional Use Permits” as follows: a.Increase the number of CUP reviews of businesses from twice per year to three times per year (Item No. 5 in existing policy). (Proposed Recommendation #1)\ b.Information from Police and Fire Department related to trends of establishments over- serving alcohol (as indicated by investigations of intoxicated persons after incidents) and consistency with ABC “Model House Policies” may be generally considered by the Planning Commission as factors in whether the business is being operated responsibly and engaging in the responsible service of alcohol. This information may be considered by the planning commission as additional justification for holding a CUP review hearing after referral based on the criteria above has been determined and as evidence in any CUP modification/revocation hearing. c.Modify Item No. 1 which indicates that the set of evaluation criteria will be reviewed semi-annually. Staff understands the Commission’s intent is to periodically review the businesses for compliance with the CUP, rather than periodically review the actual criteria (also called CUP Review Standards) under which the businesses are evaluated. 4.Lastly, the Planning Commission made the following additional recommendations based on the subcommittee’s proposal, which are outside the scope of the CUP review process; but worthy of City Council consideration following the subcommittee’s research on this matter: a.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. b.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 have passed the final test. c.Chief Papa to recommend frequency of refresher BHS/Responsible Beverage Training for current employees. Attachments: 1.Planning Commission’s recommended revised policy for “Process and Standards for Review of On-Sale Alcohol Beverage Conditional Use Permits” with deletions shown in strike through and additions shown in bold 2.Planning Commission Subcommittee Report dated May 16, 2017 City of Hermosa Beach Printed on 2/20/2024Page 2 of 3 powered by Legistar™166 Staff Report REPORT 17-0418 Respectfully Submitted by: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 3 of 3 powered by Legistar™167 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 and established set of criteria would be evaluated semi-annually the on-sale establishments’ activities would be reviewed against an established set of criteria three times per year. 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 three times per year. 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. 7) Information from Police and Fire Department related to trends of establishments over-serving alcohol (as indicated by investigations of intoxicated persons after incidents) and consistency with ABC “Model House Policies” may be generally considered by the Planning Commission as factors in whether the business is being operated responsibly and engaging in the responsible service of alcohol. This information may be considered by the planning commission as additional justification for holding a CUP review hearing after referral based on the criteria above has been determined and as evidence in any CUP 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 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. 168 “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. 169 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. 170 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. 171 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) 172 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. 2 173 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. 3 174 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. 4 175 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. 5 176 • 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. 6 177 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, 7 178 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). 8 179 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. 9 180 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 10 181 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. 1 182 ABC-607 (11/00) Illustration No. 1 183 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 184 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 185 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 186 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 187 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 188 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. 189 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. 190 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 191 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. 192 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 193 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. 194 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. 195 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.) 196 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). 197 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: 198 ‘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 199  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. 200 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 201  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 202  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. 203 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. 204 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 ~ 205 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 206 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………..……………..…………………………………………………8 207 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 208 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 209 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 210 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 211 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 212 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 213 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 214 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™215 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™216 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™217 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™218 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™219 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™220 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™221 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™222 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™223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 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. 239 240 Dear Planning Commissioners, For tomorrow night’s planning commission meeting, you have been presented with a letter from a resident who alleges that absolutely nothing out of the ordinary happened to her and that you need to enact more strict regulations to make sure that it doesn't happen again. The resident alleges that some young women bumped into her. There is, of course, no evidence that either these women or any women bumped into the resident. In fact, it's quite possible that the young women in question "swerve walked" to avoid the inattentive resident and were bumped into by same. The resident also accuses the young women of having "been drinking," an odd accusation as there is no way she could know and why accuse someone of a perfectly legal and accepted practice? Be that as it may, even if the young women did lightly bump into the resident and politely apologized, why should this engender the resident's rancor or civic censure of the young women or local businesses? Something similar happened to me passing Citibank on Hermosa Ave. this morning (7/18/2017). I was walking past and a young man in his early 20s, clearly sober, walked out of the bank while looking at his phone. He lightly bumped into me. Like the young women accused above, the young man was immediately polite. Unlike the other resident I don't think this is indicative of the need for more restrictive banking regulations, I was just happy the guy was polite (as was I because I'm not altogether certain whether he bumped into me or me into him). The resident goes on to "hope the next bar asks for ID and doesn't over serve them." It's not that big of a hope though as it is standard practice at every local bar/restaurant in Hermosa Beach. In fairness, this resident’s letter isn’t even as absurd as the logical jumps and acrobatics the commission went through at the last commission meeting to justify continuing to add to an already burdensome environment. Both the police captain and one, logical commission member pointed out that the stats you were trying to use were close to meaningless. The other commission members when told this, essentially put their fingers in their ears and said, “Na, na, na, na,” until logical people stopped talking. Continuing to saddle local businesses and the residents with more and more restrictive and burdensome regulations does not improve the quality of Hermosa life. It merely drives up the cost of living and doing business here, drives good business people out of town and makes it more expensive and difficult for locals to enjoy their lives. It's time to stop. Take a look at the efforts bar/restaurants are making to cater to the whims of, perhaps, the most meddlesome city government in all of California. Be thankful that you have conscientious business owners who are willing to work with you. Take a look at the vacant storefronts left in the wake of your incessant nagging, the restaurants that have left and the ones that say they are on their way out (you know, because they went wild and held a trivia night) and, realize, there's more to serving a city than just telling others how to live their lives. The tragedy of one person bumping into another person, no matter who is at fault, should certainly not be treated lightly (or should it?) but it is time for the city to move on from the obsessive hysteria surrounding adults having a cocktail and focus on important issues like infrastructure in the city. Sincerely, Raymond Dussault 18th Court, Hermosa Beach 241 From: Barbara Ellman <hotelell@earthlink.net> Sent: Tuesday, July 18, 2017 10:09 AM To: Peter Hoffman; Michael Flaherty; Rob Saemann; Marie Rice; David Pedersen Cc: Ken Robertson Subject: Amended email: Process and Standards for Review of On-Sale Alcoholic Beverage Conditional Use Permits I am extremely supportive of the proposed changes to the conditional use permit review process. I appreciate the hard work and time Commissioner Rice, Commissioner Pederson and the Hermosa Beach Police Department put into the process. This collaborative program has many great ideas that if followed can only make Pier Plaza and Hermosa Beach a better place for the businesses, residents and the city. Thank you, Barbara Ellman Hermosa Beach Ca 90254 242 From: Doug Collins <doug.collins@roadrunner.com> Sent: Monday, July 17, 2017 4:36 PM To: Peter Hoffman; Michael Flaherty; Rob Saemann; Marie Rice; David Pedersen Subject: Process and Standards for Review of On-Sale Alcoholic Beverage Conditional Use Permits Honorable Commissioners, I am writing to express my support for the proposed revision of the City's Conditional Use Permit Process, Item 12 on the Commission's agenda for July 18, 2017. I believe the suggested changes are long overdue and that they will improve the quality of life in Hermosa Beach by limiting the inappropriate and excessive sale of alcohol, especially on weekends. R. Douglas Collins 548 2nd Street Hermosa Beach, California 90254-5222 Telephone: (310) 372-8959 243 From: Nadine Gmail <nskyedavis@gmail.com> Sent: Sunday, July 16, 2017 7:04 PM To: Peter Hoffman; Michael Flaherty; Rob Saemann; Marie Rice; David Pedersen Subject: Support for c-36 Dear Planning Commission, I am asking that you please vote yes in support of C-36, conditional use permit review process. As a long time resident and homeowner, I'm concerned about the safety in Hermosa Beach and feel that this is a step in the right direction. Thank you for your time and consideration! Sincerely, Nadine Skye-Davis Nskyedavis@gmail.com 244 From: Crystal Jarvis <hermosabeachfamily@yahoo.com> Sent: Friday, July 14, 2017 4:07 PM To: Peter Hoffman; Michael Flaherty; Rob Saemann; Marie Rice; David Pedersen Cc: Sergio Gonzalez Subject: Vote YES on C-36 Dear Planning Commission, I am writing to ask that you please vote YES in support of C-36, the Conditional Use Permit Review Process. All establishments serving alcohol need to be in compliance with the law. These changes are a step in the right direction for a safer Hermosa Beach. Thank you, Crystal Jarvis 591 18th Street 245 July 11, 2017 Honorable Mayor and Members of the Hermosa Beach City Council City of Hermosa Beach 1517 Valley Drive Hermosa Beach, CA 90254 Re: Item 2e Planning Commission: Item 7: C-36 Conditional Use Permit Review Process Honorable Mayor and Members of the Hermosa Beach City Council: I ask that you pull Item 2e regarding Planning Commission update to the Conditional Review Process. Hopefully, this item will be set as an agenda item for a full hearing at the City Council after the final reading at the July 18, 2017 Planning Commission meeting. Unfortunately, the Planning Commission sub-committee had not approached the Hospitality Association as a whole for any input regarding the suggested recommendations which is odd. A subcommittee setting up just meetings with City Staff members is hardly a thorough effort to provide recommendations. Those of you that have been on the City Council for several years can acknowledge the hard work and joint effort that went into creating the current CUP review process. I believe the system works well and there is no data to support some notion that the system is broken or needs to be changed. Adding staff workload, spending city resources, and costing business owners resources and time needs to be carefully weighed against the benefit sought. The current system of twice a year is more than enough for adequate monitoring. It takes a lot of time and resources on behalf of staff and businesses to get ready for these reviews. The Police Chief has the ability to immediately bring any place to the attention of the Planning Commission if the need arises. Currently, stats are reported one month and reviewed the following month using 4-months of the year. Moving to a 3x system where 6-months of the year would be eaten up by reporting stats and then reviewing stats would be a waste of resources with no measurable gain. The recommendation of using a 13-yr old 2004 published Model House Rules is not the best plan. The vast majority of the items in the Model House Rules are used by places in Hermosa Beach. There are others that can be easily adopted. However, there are other Nationwide Groups that provide much better examples to model. I have personally setup every RBS training that has been held in Hermosa Beach since 2012. The current voluntary system works well and accommodates a wide variety of work schedules and business needs. Mandatory RBS training was passed this year by the state legislature and was vetoed by the Governor. The department of alcohol beverage control uses employee RBS training as a mitigating factor if a problem arises 246 and a similar use could be adopted with CUP reviews. I am not sure logistically how a city could mandate the Los Angeles County Behavioral Health Services to provide training for free given annually changing budgets. There are several issues with the current issued occupancy loads and checks. First the city has moved away from following the State Fire Code. As mentioned in the staff submittal and the “No Intensification Policy” the city uses arbitrary numbers when issuing the occupancy number. Given that an over capacity ticket is issued as a misdemeanor it requires that the conditions be unsafe. That is governed by the State Fire Code not by code enforcement or one of our staff members. Until this system is changed no one will lose an over occupancy ticket in Hermosa Beach in court. It is fine to pick arbitrary numbers in the city but it should not be issued as a misdemeanor when it does not follow the state fire code. The recommendation to submit data from DUI arrests of “Last Drink” can provide some trends. However, you are relying on information from someone who is impaired at the time of the arrest if they are honest or reply at all. This is why this type of information is not allowed to be submitted in a court hearing due to being “hearsay”. I would hope there is no attempt to affect property rights based on something so baseless and unusable. I hope the Council holds a full hearing of any final decision from the Planning Commission after July 18, 2017. Hopefully, any efforts to change a well working system of CUP reviews currently in place will be fully vetted by the City Council. Sincerely, David Lowe 247 248 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 17-0406 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 Report on City Council Actions City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™249 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 17-0407 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 Status Report on Major Planning Projects City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™250 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0414 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 August 15, 2017 Planning Commission Tentative Future Agenda Items Recommended Action: To receive and file the August 15, 2017 Planning Commission tentative future agenda items. Attachment: 1. Planning Commission August 15, 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™251 Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach August 15, 2017 Regular Meeting 7:00 P.M. Project Title Public Notice Meeting Date Provide semi-annual Conditional Use Permit review staff report as informational item. 8/15 2108 Slope Determination 8/15 1010 Monterey Blvd-- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74766 for a Three-unit condominium. 8/3 8/15 617 Longfellow Avenue-- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74545 for a Two-unit condominium. 8/3 8/15 Review of Fiscal Year 2017-18 Capital Improvement Program (CIP) for conformance with the City’s General Plan. 8/15 f:\b95\cd\pc\future items\tent. future agendas\planning commission tentative agenda August. 2017 252 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0405 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of July 18, 2017 Community Development Department Activity Report of May, 2017 Recommended Action: To receive and file the May, 2017 Community Development Department activity report. Attachment: 1. Community Development Department activity report of May, 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™253 254 255 256 257 258 259 260