HomeMy WebLinkAbout2009-02-17 PC AGENDAAGENDA
PLANNING COMMISSION MEETING
CITY OF HERMOSA BEACH
CITY HALL COUNCIL CHAMBERS
1315 VALLEY DRIVE
HERMOSA BEACH, CA 90254
February 17, 2009
7:00 P.M.
Ron Pizer, Chairman
Peter Hoffman, Vice Chairman
Kent Allen
Shawn Darcy
Sam Perrotti
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.
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.
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.
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1. Pledge of Allegiance
2. Roll Call
3. 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.
a) Letter from Howard Longacre dated February 7, 2009
Section I
Consent Calendar
Any Planning Commissioner or member of the public wishing to pull an item from below may request to
do so at this time.
4. Approval of the following minutes:
a) January 20, 2009 action minutes
b) January 20, 2009 minutes excerpt for 1) Text Amendment regarding definitions, terms, and
standards relating to on-sale alcohol beverage establishments, restaurants, live entertainment
and customer dancing; 2 ) Conditional Use Permit amendment for Dragon at 22 Pier Avenue;
and 3) Text Amendment regarding electronic message display signs in open space zones.
5. Resolution(s) for consideration
a) Resolution P.C. 09-3 amending, restating and superseding a Conditional Use Permit for on
sale general alcohol and live entertainment in conjunction with an existing restaurant at 22
Pier Avenue, known as “Dragon”; extending hours of operation from 12:00 midnight closing
daily to 1:00 A.M. the following morning Thursday, Friday, Saturday and various holidays;
extending live entertainment from 11:30 P.M. Thursday, Friday, Saturday and various public
holidays to 12:30 A.M. the following morning; modifying requirements regarding food sales
and entrance fees; and requiring a six month review.
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.
Section II
Hearing
6. C-36 -- Annual review and report on Conditional Use Permit compliance for on-sale alcoholic
beverage establishments.
Staff Recommended Action: To receive and file the report, and continue enforcement by the
Police and Fire Department for Conditional Use Permit and other violations.
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Public Hearing(s)
7. TEXT 08-8 / ZON 08-2 -- Text Amendment and Zone Change and adoption of an Environmental
Negative Declaration to implement zoning-related recommendations pertaining to property
currently zoned C-2 (Restricted Commercial) along Pier Avenue in the ‘Upper Pier Avenue
Committee Final Report’ approved by the City Council on March 25, 2008 to promote a pedestrian-
friendly village center serving local residents as well as visitors, addressing permitted and
conditional uses; design standards; parking requirements; sign standards; incentives to encourage
service-type/office uses on the second floor and retain architecturally/historically important
buildings; findings for approving conditional uses; creation of a specific plan area or overlay zone;
standards/restrictions on outdoor seating and/or displays on the sidewalk; and other minor related
changes affecting Chapter 17 (Zoning) and other Chapters for consistency (continued from
December 3, 2008 and January 20, 2009 meetings).
Staff Recommended Action: To recommend approval of said Text Amendment and Zone Change
creating a specific plan area; adopting standards and guidelines implementing the Upper Pier
Avenue Final Report, and adoption of an Environmental Negative Declaration.
8. CON 09-1/PDP 09-1 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative
Parcel Map No. 70888 for a 4-unit residential condominium project at 931 1st Street.
Staff Recommended Action: To continue to the March 17, 2009 meeting as requested by the
applicant.
9. TEXT 08-7 -- Text Amendment to define and allow electronic message display signs in
open space zones, and adoption of an Environmental Negative Declaration (continued
from January 20, 2009 meeting).
Staff Recommended Action: To recommend approval of the Text Amendment allowing electronic
message display signs in the open space zone limited to the Community/Civic Center, and
adoption of an Environmental Mitigated Negative Declaration.
Section III
Hearing(s)
10. A-14 -- Appeal of Director’s Decision for a convex slope determination for the purpose of
measuring building height at the residential property at 2722 Hermosa Avenue (continued from
January 20, 2009 meeting).
Staff Recommended Action: To direct staff as deemed appropriate.
Section IV
11. Staff Items
a. Potential noticing of Appeal of Director’s Decision on determination of grade.
b. Tentative future Planning Commission agenda.
c. Community Development Department activity report of December, 2008.
12. Commissioner Items
13. Adjournment
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ACTION MINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
JANUARY 20, 2009, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS
All public testimony and the deliberations of the Planning Commission can be viewed on
the City’s web site at www.hermosabch.org, On-Demand Video of City Meetings
The meeting was called to order at 7:00 P.M. by Chairman Pizer.
1. Pledge of Allegiance, led by Commissioner Darcy.
2. Roll Call
Present: Commissioners Allen, Darcy, Hoffman, Perrotti and Chairman Pizer
Absent: None
Also Present: Community Development Director Ken Robertson
Assistant City Attorney Lauren Feldman
Senior Planner Pamela Townsend
Associate Planner Angela Mason
Assistant Planner Eva Choi
3. Oran /Written Communication
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
4. Approval of the following minutes:
a) December 3, 2008 action minutes
b) December 3, 2008 minutes excerpt for Upper Pier Avenue Committee zoning
recommendations
ACTION: To approve the above minutes as presented.
Motion by Commissioner Hoffman, seconded by Commissioner Perrotti. The motion
carried by a unanimous vote.
5. Resolution(s) for approval
Section II Public Hearing(s)
6. TEXT 08-8 / ZON 08-2 -- Text Amendment and Zone Change and adoption of an
Environmental Negative Declaration to implement zoning-related recommendations
pertaining to property currently zoned C-2 (Restricted Commercial) along Pier Avenue in
Planning Commission Action Minutes
January 20, 2009
1
the ‘Upper Pier Avenue Committee Final Report’ approved by the City Council on March
25, 2008 to promote a pedestrian-friendly village center serving local residents as well as
visitors, addressing permitted and conditional uses; design standards; parking requirements;
sign standards; incentives to encourage service-type/office uses on the second floor and
retain architecturally/historically important buildings; findings for approving conditional
uses; creation of a specific plan area or overlay zone; standards/restrictions on outdoor
seating and/or displays on the sidewalk; and other minor related changes affecting Chapter
17 (Zoning) and other Chapters for consistency.
Staff Recommended Action: To continue to the February 17, 2009 meeting.
ACTION: To continue to the February 17, 2009 meeting pursuant to staff’s
recommendation to allow revision by City Attorney..
Motion by Commissioner Hoffman, seconded by Commissioner Darcy. The motion carried
as follows:
AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
7. PDP 08-8/PARK 08-6 -- Precise Development Plan and Parking Plan for a three-story 40-
room hotel with two levels of parking containing 42 parking spaces with 32 of the 40
required spaces in tandem to be managed with 24-hour valet parking service and to allow
greater than 30% compact parking; and adoption of an Environmental Negative Declaration
at 1081, 1085 and& 1087 Aviation Boulevard.
Staff Recommended Action: To direct staff as deemed appropriate.
ACTION: To continue to the March 17, 2009 meeting pursuant to applicant’s request.
Motion by Commissioner Hoffman, seconded by Commissioner Perrotti. The motion
carried by a unanimous vote.
8. CUP 09-1 -- Conditional Use Permit amendment to allow live entertainment, limited to five
(5) weekends per year and during city wide events with extended hours from 7:00 A.M. to
12:00 midnight and from 7:00 A.M. to 1:00 A.M. on New Year's Eve within the indoor
portion of an existing restaurant at 140 Pier Avenue, New Orleans Cajun Café.
Staff Recommended Action: To approve a Conditional Use Permit amendment and to
extend hours and allow live entertainment within the indoor portion of an existing restaurant
and adopt the resolution.
ACTION: To approve the Conditional Use Permit amendment and adopt the resolution
modifying condition No. 12 to allow six (6) entertainment events with 12 midnight and 1:00
A.M. New Year’s Day closing time; to add “submit” to condition No. 15 after “the applicant
shall…”; and to delete condition No. 18.
Motion by Commissioner Darcy, seconded by Commissioner Perrotti. The motion carried
Planning Commission Action Minutes
January 20, 2009
2
as follows:
AYES: Darcy, Hoffman, Perrotti, Pizer
NOES: Allen
ABSENT: None
ABSTAIN: None
9. TEXT 07-3 -- Text Amendment to consider amending definitions, terms, and standards
relating to on-sale alcoholic beverage establishments, restaurants, live entertainment and
customer dancing.
Staff Recommended Action: From two alternatives, adopt a resolution recommending the
City Council adopt an ordinance amending definitions, terms, uses, and standards relating to
on-sale alcoholic beverage establishments, restaurants, live entertainment and customer
dancing in the zoning ordinance, and standards regarding these uses:
1. Proposal 1 requiring all on-sale alcoholic beverage establishments, and those with live
entertainment and/or dancing, to be subject to a Conditional Use Permit; or
2. Proposal 2 allowing all restaurants that close by 10:00 pm to serve or offer on-sale
alcoholic beverages limited to beer and wine, and requiring all other on-sale alcoholic
beverage establishments, and those with live entertainment and/or dancing, to be subject to a
Conditional Use Permit.
ACTION: To recommend approval of Proposal No. 2 and adopt the resolution to allow all
restaurants that close by 10:00 pm to serve or offer on-sale alcoholic beverages limited to
beer and wine, and requiring all other on-sale alcoholic beverage establishments, and those
with live entertainment and/or dancing, to be subject to a Conditional Use Permit, and to
include Chairman Pizer’s friendly amendment to add a sentence to Page 16, Paragraph G-2,
“The suspension or suspensions shall be imposed on the same day of the week as the cited
violation.”
Motion by Commissioner Hoffman, seconded by Commissioner Perrotti. The motion
carried as follows.
AYES: Darcy, Hoffman, Perrotti, Pizer
NOES: Allen
ABSENT: None
ABSTAIN: None
10. CUP 08-14 -- Conditional Use Permit amendment for on-sale general alcohol and live
entertainment in conjunction with an existing restaurant at 22 Pier Avenue, Dragon,
requesting to extend on-sale general alcohol from 12:00 midnight closing daily to 2:00 A.M.
closing Thursday-Sunday; extend live entertainment from 11:30 P.M to 1:30 A.M.
Thursday-Sunday and various holidays; and modify requirements regarding food sales and
entrance fees; and conduct six month review.
Staff Recommended Action: To direct staff as deemed appropriate.
ACTION: To approve staff’s alternative recommendation to allow extension of hours until
1:00 A.M. Thursday - Saturday nights, but to add a sentence to the conditions that allows
Planning Commission Action Minutes
January 20, 2009
3
the Police Chief to give written approval to reduce the number of uniformed personnel if he
believes the additional personnel is not warranted. And to direct staff to return with a
resolution to the Planning Commission meeting of February 17, 2009.
Motion by Commissioner Hoffman, seconded by Commissioner Darcy. The motion carried
as follows.
AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
11. TEXT 08-7 -- Text Amendment to define and allow electronic message display signs
in open space zones, and adoption of an Environmental Negative Declaration.
Staff Recommended Action: To recommend approval of subject Text Amendment and
adoption of an Environmental Negative Declaration and Mitigation Monitoring Plan.
ACTION: To continue this item to the February 17, 2009 meeting and direct staff to
explore ways in which to make this more restrictive or conditional, to address some of the
issues that have been identified and addressed in the environmental impact assessment and
to include language restricting this to noncommercial usage.
Motion by Commissioner Hoffman, seconded by Commissioner Perrotti. The motion
carried as follows:
AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
Section III Hearing(s)
12. A-14 -- Appeal of Director’s Decision for a convex slope determination for the purpose of
measuring building height at the residential property at 2722 Hermosa Avenue.
Staff Recommended Action: To direct staff as deemed appropriate.
ACTION: To continue to the February 17, 2009 meeting as requested by the applicant.
Motion by Commissioner Perrotti, seconded by Commissioner Hoffman. The motion
carried by a unanimous vote.
Section IV
13. Staff Items
a. Tentative future Planning Commission agenda.
b. Community Development Department Activity Report of November, 2008.
Planning Commission Action Minutes
January 20, 2009
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14. Commissioner Items
a. Report from wind energy subcommittee
ACTION: To schedule a Text Amendment for wind energy systems for the March 17,
2009 meeting.
15. Adjournment
The meeting was formally adjourned at 10:45 P.M.
CERTIFICATION
I hereby certify that 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 January 20,
2009.
______________________________ _____________________________
Ron Pizer, Chairman Ken Robertson, Secretary
______________________
Date
Planning Commission Action Minutes
January 20, 2009
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EXCERPT MINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
JANUARY 20, 2009, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS
PUBLIC HEARINGS
9. TEXT 07-3 -- Text Amendment to consider amending definitions, terms, and
standards relating to on-sale alcoholic beverage establishments, restaurants, live
entertainment and customer dancing
Staff Recommended Action: From two alternatives, adopt a resolution recommending the City
Council adopt an ordinance amending definitions, terms, uses, and standards relating to on-sale
alcoholic beverage establishments, restaurants, live entertainment and customer dancing in the
zoning ordinance and standards regarding these uses:
Proposal No. 1 - requiring all on-sale alcoholic beverage establishments, and those with live
entertainment and/or dancing, to be subject to a Conditional Use Permit; or
Proposal No. 2 - allowing all restaurants that close by 10:00 P.M. to serve or offer on-sale alcoholic
beverages limited to beer and wine, and requiring all other on-sale alcoholic beverage
establishments, and those with live entertainment and/or dancing, to be subject to a Conditional
Use Permit.
Senior Planner Townsend presented staff report and the alternative recommendations.
Commissioner Hoffman questioned if this ordinance amendment would have any impact upon
Alcoholic Beverage Control’s (ABC’s) policies with regard to businesses applying for an ABC
license.
Director Robertson briefly explained he does not anticipate any change at the ABC level.
Assistant City Attorney Feldman stated she doubts ABC would take this local land use approval
into consideration.
Chairman Pizer opened the public hearing.
Bruno Baio, owner of the business at 424 Pier Avenue, stated he favors Proposal No. 2, stating his
customers have indicated they’d like to enjoy a glass of wine/beer with their dinners; and
expressed his belief that approval of Proposal No. 2 will be an enhancement to small businesses in
these difficult economic times. He stated it is unfair not to approve this for those business
establishments that are doing all they can to be good and responsible business operators.
Carla Merriman, Executive Director of Hermosa Beach Chamber of Commerce, thanked Director
Robertson and Senior Planner Townsend for meeting with their board of directors, noting this is the
first time in 9 years staff has attended one of their meetings. She stated this is a step in the right
direction and that she does not anticipate any problems with this proposal, believing Proposal No.
2 will help the small family-owned business establishments; and stated the restaurant owners feel
comfortable with what’s before the Planning Commission this evening. She applauded Planning
staff for keeping the business owners’ best interests in sight.
Planning Commission Excerpt Minutes
January 20, 2009
1
Matt Epuna stated he is in support of Proposal No. 2, expressing his belief the current standard is
arbitrary and doesn’t give adequate direction to the business owners; and stated this is an
opportunity to create a standard that will give everyone an equal playing field. He stated that even
with the passage of Proposal No. 2, he does not believe it solves the problems that take place after
2:00 A.M. in this community, but pointed out that allowing wine/beer sales for those businesses
that close at 10:00 P.M. will not increase the problems in this area.
Justin Maxwell, Manager at Crème de la Crepe, 424 Pier Avenue, stated that his customers
routinely request to have wine with their dinners and that Proposal No. 2 would allow them to give
his customers what they have been requesting. He stated it is his preference to close at 10:00
P.M. so as not to negatively impact the neighborhood.
Dency Nelson, Hermosa Beach, commended staff for coming up with a logical proposal for
restaurants that close at or before 10:00 P.M., stating that Proposal No. 2 is a step in the right
direction to solving a troublesome policy. He stated it is necessary to make a distinction between
taverns and family restaurants like Crème de la Crepe, noting it’s a French restaurant where
customers expect to enjoy a glass of wine with their meals. He added that the City should be
embracing good family restaurants in this town.
Mark Maniscalco, Mark of Excellence, stated he appreciates the City’s concern and caution
regarding the use of alcohol in this community, noting he has first-hand knowledge of its negative
effects upon the City. He stated that the problems being caused are from those inebriated patrons
coming from the late night bars, not from the clientele from the family restaurants. He noted his
support for Proposal No. 2, believing this will increase the number of people seeking to enjoy a
meal with their family and friends. He noted his appreciation for the time and effort each
Commissioner puts on the Planning Commission.
Monique Carrabba (?) stated she is a frequent customer of Crème de la Crepe and stated that she
is in support of Proposal No. 2, noting she enjoys taking her family, friends and clients to this
establishment.
Jay Gleason, Hermosa Beach, stated that passage of Proposal No. 2 will help to keep the dining
customers in this town from going to adjacent cities to enjoy wine/beer with their meals. He stated
it is a reasonable proposal.
Susan Schauer, Hermosa Beach, noted her support for Proposal No. 2; and stated that the noise
she experiences is from the bar traffic that is bustling at 2:00 A.M. and thereafter, not with a 10:00
P.M. dining crowd.
Male Speaker (did not give his name) stated that Proposal No. 2 will help the local businesses.
Ellen Lee stated that passage of Proposal No. 2 will help to attract the kind of clientele Hermosa
Beach would like to attract; and noted she enjoys taking her clients to Crème de la Crepe. She
stated that Proposal No. 2 is a fair proposal.
Georgia LaPorte, resident, stated that she is a customer of Crème de la Crepe and that she would
like to enjoy a glass of wine with her dinner, noting her support for Proposal No. 2.
Moira Nelson, Hermosa Beach, stated she likes the atmosphere on Upper Pier Avenue when there
are lots of restaurants operating in the early evening, pointing out it is a much different atmosphere
when only bars are open.
Planning Commission Excerpt Minutes
January 20, 2009
2
Ron Newman, owner of the business at 52 Pier Avenue, questioned whether both the proposals
can be easily handled together. Staff stated it can.
Gigi, Redondo Beach, stated she is a frequent customer of Crème de la Crepe and pointed out that
the only thing missing from her experience at this French restaurant is a glass of wine. She
expressed her belief that passage of Proposal No. 2 will bring more business to this area.
There being no further input, Chairman Pizer closed the public hearing.
Commissioner Allen asked if there was any analysis done to determine how many new ABC
licenses the City could potentially receive if every restaurant in town applies for one.
Director Robertson stated that staff has not done a detailed analysis, expressing his belief that
many restaurants would not choose to apply because of the expense of an ABC license.
Commissioner Perrotti stated he is glad to hear that staff met with the business community to
address their concerns. He noted that he voted in favor of Crème de la Crepe’s request for
wine/beer sales when they first came before the Commission for their CUP; explained that it wasn’t
just the 10:00 P.M. criteria he was considering, but that he also considered the size of the
establishment, the impact it would have because of its size and also the floor plan; expressed his
support of Proposal No. 2, but suggested that additional criteria be added to restrict the maximum
capacity to 50 customers and that no bar be allowed. He expressed his belief this added
restriction would reduce the pool of potential candidates applying for wine/beer licenses, limiting
this approval to the smaller restaurants.
Commissioner Darcy stated that the problems in this area are not caused by the smaller restaurants
that close by 10:00 P.M.; and expressed his belief these businesses should be given an opportunity
to sell wine/beer. He mentioned that he originally voted against wine/beer sales for Crème de la
Crepe, but explained that he later felt he made a mistake. He noted his support for Commissioner
Perrotti’s additional conditions/limitations and stated he would support Proposal No. 2.
Commissioner Allen expressed his concern there is no control to the number of establishments
that could apply for an ABC license, stating he’d like to know what that total number could be. He
stated that while it seems the Planning Commission’s decisions could at first be arbitrary for these
businesses, it really isn’t because the decisions are made after taking into consideration the size of
the buildings, available space and parking issues. He reiterated his concern with the potential for a
large number of businesses that could apply for an ABC license and stated he would rather
approve Proposal No. 1, noting his support of Commissioner Perrotti’s suggestion to limit this to a
restaurant that can only serve up to 20 or 30 customers at one time. He stated he would not like to
see carte blanche be given to all restaurants that close at 10:00 P.M.
Commissioner Hoffman briefly addressed the uncertainties this policy has created and expressed
his belief that approval of Proposal No. 2 will create a consistent and concise policy. He pointed
out that the problems in this area are typically the result of people leaving the bars at midnight until
2:00 A.M. or 3:00 A.M., not from those customers who were dining and enjoying wine/beer with
their evening meals.
Chairman Pizer stated that allowing wine/beer sales up to 10:00 P.M. for these restaurants is
reasonable; suggested these limitations in the early hours can be permitted as a new use to a
CUP, allowing the City Council a clear policy for this type of operation. He stated with a CUP, it
would allow a review of appropriate locations for these operations, giving some checks and
balances to this policy. He pointed out the new text amendment modifies the definition of
Planning Commission Excerpt Minutes
January 20, 2009
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restaurant, and expressed his belief there will be a decrease in the problems with alcohol-related
uses. He stated that the ratio of prepared food to gross sales should be specified in the CUP and
further suggested adding a sentence to Page 16, Paragraph G-2, “The suspension or suspensions
shall be imposed at the same day of the week as the cited violation.”
MOTION by Commissioner Perrotti to APPROVE Proposal No. 2, with the modification to limit this
amendment to establishments that can accommodate a maximum customer capacity of 50 and
that the restaurant not be permitted to have a bar area. This motion died due to the lack of a
second.
MOTION by Commissioner Hoffman, seconded by Commissioner Perrotti, to APPROVE Proposal
No. 2, to include Chairman Pizer’s friendly amendment to add a sentence to Page 16, Paragraph
G-2, “The suspension or suspensions shall be imposed on the same day of the week as the cited
violation.” Motion carried as follows.
AYES: Darcy, Hoffman, Perrotti, Pizer
NOES: Allen
ABSENT: None
ABSTAIN: None
10. CUP 08-14 -- Conditional Use Permit amendment for on-sale general alcohol and live
entertainment in conjunction with an existing restaurant at 22 Pier Avenue, Dragon,
requesting to extend on-sale general alcohol from 12:00 midnight closing daily to
2:00 A.M. closing Thursday-Sunday; extend live entertainment from 11:30 P.M to 1:30
A.M. Thursday-Sunday and various holidays; and modify requirements regarding
food sales and entrance fees; and conduct a six-month review.
Staff Recommended Action: To direct staff as deemed appropriate.
Associate Planner Mason presented staff report and the alternative recommendations.
Commissioner Perrotti advised that he received a phone call from the applicant requesting a
meeting, noting they did not meet to discuss this proposal. The rest of the Commission noted they
too received a call but never met with the applicant.
Chairman Pizer opened the public hearing.
Jeff Bellandi, 22 Pier Avenue, owner of Dragon, stated he believes he has done everything ABC,
the Chief of Police, City Council, Planning Commission, and the City Manager has asked of him to
do over the past year, but especially for the last 6 months; stated that he has increased training,
increased kitchen/dining hours, increased staffing and security, done away with the dance area;
and he advised that all his employees have current Licensed Education on Alcohol and Drug
(LEAD) training/certification, noting a copy of those certificates is on file in the Planning Division.
He stated he will continue to work closely with the City and Chief of Police and stated he fully
understands and agrees with the direction and atmosphere they are trying to bring to Pier Plaza.
He gave his assurance he will continue to conform to all that is required; stated he has matured as
a business owner and has become more aware of the need for compliance; advised that everyone
working at Dragon has worked hard to make Dragon become the kind of business the City wants to
see in this community; and he accepted the responsibility for the past nonconformance and
problems with Dragon’s operations.
Planning Commission Excerpt Minutes
January 20, 2009
4
Chairman Pizer questioned why Dragon’s website indicates a closing hour of 2:00 A.M. and asked
if drink specials are advertised on this website.
Addressing Chairman Pizer’s inquiry, Mr. Bellandi stated that drink specials are on their website
but that they do not advertise the drink specials on the table tents; and stated the 2:00 A.M.
indicated on the website will be updated.
Matt Epuna, owner of the business at 140 Pier Avenue, stated that the owner of Dragon has made
many expensive changes to come into conformance with the regulations and that he has outlined
many remedial actions that will prevent recurrence of the past noncompliance; he noted that Mr.
Bellandi has been an outstanding citizen and good member of the community; and he urged the
Commission to grant his request. He pointed out that with the poor economy, it continues to be an
uphill battle in every way for businesses.
Jerry Centofanti, Hermosa Beach, co-owner of the property that houses Dragon and Surf City
Hostel, stated that Mr. Bellandi has made every assurance that compliance will be adhered to,
noting he has made an honest effort to run this business in a responsible manner; and he urged
the Commission to give Dragon another chance. He pointed out he holds the lease on this
property and that should Dragon not operate in compliance with the conditions, he will be forced to
take action against the lease.
Bruno Baio, owner of the business at 424 Pier Avenue, urged the Commission to give Dragon
another chance, highlighting these difficult economic times.
Eric Fonoimoana, Hermosa Beach, urged the Commission to approve the applicant’s request.
There being no further input, Chairman Pizer closed the public hearing.
Director Robertson stated there have been two or three site checks in the past couple months and
noted that no incidents have been reported with this establishment.
Commissioner Perrotti stated he would expect a decrease in citations due to the decreased hours
of operation; and he highlighted the concentrated corrective actions that Dragon is taking to
prevent future violations. While Police Chief Savelli’s letter states there were no violations of their
CUP recently, he stated that on a couple occasions while down on the Plaza on Saturday nights,
he has seen Dragon’s doors open with music spilling out onto the Plaza; however, he stated that
because of the corrective actions, he would support staff’s recommendation to extend their hours
until 1:00 A.M. and that they be allowed to charge an admission fee, believing the fee is a way for
the owner to control the clientele and also a way to increase revenues, making him less dependent
on selling alcohol to increase revenues.
Commissioner Darcy asked how quickly the hours can be rolled back if they are found in violation
once again.
Assistant City Attorney Feldman stated that a hearing would have to take place to determine
whether or not there was a violation and how serious that violation was.
Director Robertson explained it would be a much shorter hearing process than a
revocation/modification hearing and that it would typically only take two to three weeks to hear the
matter if it were to happen.
Planning Commission Excerpt Minutes
January 20, 2009
5
Commissioner Allen noted his support of Recommendation No. 1, allowing the 1:00 A.M. closing;
and he commended Mr. Bellandi for owning up to his responsibility with the prior nonconformity.
Commissioner Hoffman stated he is in support of all staff recommendations on page 7 with the
exception of two changes: 1) that he does not believe four uniformed security personnel is needed
on some nights and 2) that he does not support a cover charge, believing this creates a bar-like
atmosphere.
Chairman Pizer noted his support of staff’s alternative recommendation to extend hours to 1:00
A.M. and stated the matter should be reviewed in six months.
MOTION by Commissioner Hoffman, seconded by Commissioner Darcy, to APPROVE staff’s
alternative recommendation to allow extension of hours until 1:00 A.M. Thursday - Saturday nights,
but to add a sentence to the conditions that allows the Police Chief to give written approval to
reduce the number of uniformed personnel if he believes the additional personnel is not warranted.
And to direct staff to return with a resolution to the Planning Commission meeting of February 17,
2009. Motion carried as follows.
AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
11. TEXT 08-7 -- Text Amendment to define and allow electronic message display signs
in open space zones, and adoption of an Environmental Negative Declaration.
Staff Recommended Action: To recommend approval of subject Text Amendment and adoption of
an Environmental Negative Declaration and Mitigation Monitoring Plan.
Senior Planner Townsend presented staff report and the recommendation.
Commissioner Perrotti questioned why the text amendment cites two locations for the signage, yet
the report only indicates a sign at the corner of PCH and Pier Avenue.
Senior Planner Townsend explained that this would allow for more flexibility if in the future the City
decided it would like an additional sign in the Civic Center complex, noting there are no current
plans for a second sign; and she pointed out a second sign would still be bound by the same
requirements in the Mitigation Monitoring Plan, if a second sign would ever be proposed.
Commissioner Perrotti asked if there is any size, content of the sign, or location restrictions cited in
this document.
Senior Planner Townsend pointed out that under the Mitigation Monitoring Plan, a sign wouldn’t be
any larger than the existing sign; that the zoning text amendment does not require any specific
location, but added that City Council is discussing placing the new sign at approximately the same
location as the existing sign. She added there is no requirement other than it has to be on those
two properties, the Civic Center property or the Community Center.
Commissioner Allen noted his support of LED lighting, stating it’s safe and the illumination can be
controlled; and asked if this sign would have a moving display or television-like display.
Planning Commission Excerpt Minutes
January 20, 2009
6
Senior Planner Townsend stated the text amendment allows an electronic display sign, defined as
being an LED sign; stated that the moving display would not be a rapid movement; that the
frequency of change in display, copy or display movement would be limited; and that no sign shall
display animated scrolling or other moving images.
Chairman Pizer asked if there is any wording to limit the size of the signs.
Senior Planner Townsend stated the Mitigation Monitoring Plan limits the size of the signs and
controls the ambient lighting.
Chairman Pizer advised that supplemental materials were received from Howard Longacre in
regard to this matter.
Chairman Pizer opened the public hearing.
Aslam Amlani, Hermosa Beach, noted his opposition to this amendment; stated that he lives above
Pier Avenue on the hill; pointed out that when he is walking his child to school, it is a dangerous
activity to cross the street because of all the distractions; and stated that a large sign will only add
to these existing distractions. He stated that this signage will create ambient glare for the residents
in this area; pointed out this LED sign is not small, that it’s 16 feet by 8 feet, which is considered a
giant jumbo-tron; and he expressed his belief this small community does not need that kind of
signage. He stated that this City can advertise its events on the City’s website, in the Easy Reader
or in the Beach Reporter. He added that the existing sign can be updated and modernized, but
reiterated that what’s being proposed is too much for this community and that it creates negative
environmental effects on those living in this area. He pointed out the existing criteria for new
signage is excellent, pointing out it states signs must be natural/subtle, low to the ground, and fit
the community environment.
Chairman Pizer asked Mr. Amlani what he would suggest for this new structure.
Mr. Amlani suggested using subtle signage that is lower, with lettering that can be changed
electronically/remotely, but not lit up; and he stated that one can have signage that changes but
does not project into the neighborhoods. He stated that what’s being proposed is similar to a giant
television screen.
There being no further input, Chairman Pizer closed the public hearing.
Commissioner Perrotti stated the residents do not want to see the same kind of sign that can be
seen off the 405 Freeway at the Inglewood Avenue exit, noting that really isn’t what the
Commission is deciding this evening. He stated the Commission is only considering a change to
the zoning code to allow an electronic sign to be located there; and that its size and brightness will
all go before the Public Works Commission and then City Council for final approval.
Commissioner Allen stated he is not opposed to an LED display, but stated its illumination should
be low in the evening so as not to disturb the residential areas.
Commissioner Hoffman stated there is noting in the text amendment to restrict this signage to
noncommercial use, noting he would not like this signage to be used for commercial purposes.
Chairman Pizer pointed out this is new technology has caused problems in other communities and
suggested this matter be continued to the next Planning Commission meeting to allow everyone to
visit locations where they can see the effects of this signage in the evening and see more options;
Planning Commission Excerpt Minutes
January 20, 2009
7
and he stated that some of these signs are extremely bright in the evening and that this would not
be a good thing for this community.
Commissioner Allen noted his concurrence with Chairman Pizer’s suggestion to continue this
matter so the Commission can view some of these signs in other communities.
Senior Planner Townsend pointed out the draft ordinance is very generic; and stated the Planning
Commission could recommend more standards for the ordinance which would further regulate the
signage language in the Mitigation Monitoring Plan.
Commissioner Perrotti questioned whether this discussion would fall under the purview of the
Public Works Commission.
Senior Planner Townsend stated that this section of the proposed text amendment falls under all
other signs in the open space zones which are typically approved by the Planning Commission.
Commissioner Perrotti stated that continuing this matter would also give staff an opportunity to look
at ordinances from other cities.
MOTION by Commissioner Hoffman, seconded by Commissioner Perrotti, to CONTINUE this item
to the next meeting and direct staff to explore ways in which to make this more restrictive or
conditional, to address some of the issues that have been identified and addressed in the
environmental impact assessment and to include language restricting this to noncommercial
usage.
Assistant City Attorney Feldman stated there may already be a prohibition against offsite
advertising in the code, noting she will confirm that during this continuance period.
Motion carried as follows:
AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
CERTIFICATION
I hereby certify that 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 January 20, 2009.
______________________________ _____________________________
Ron Pizer, Chairman Ken Robertson, Secretary
______________________
Date
Planning Commission Excerpt Minutes
January 20, 2009
8
RESOLUTION P.C. 09-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING, RESTATING AND
SUPERSEDING A CONDITIONAL USE PERMIT FOR ON SALE
GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION
WITH AN EXISTING RESTAURANT AT 22 PIER AVENUE, KNOWN AS
“DRAGON”; EXTENDING HOURS OF OPERATION FROM 12:00
MIDNIGHT CLOSING DAILY TO 1:00 A.M. THE FOLLOWING
MORNING THURSDAY, FRIDAY, SATURDAY AND VARIOUS
HOLIDAYS; EXTENDING LIVE ENTERTAINMENT FROM 11:30 P.M.
THURSDAY, FRIDAY, SATURDAY AND VARIOUS PUBLIC HOLIDAYS
TO 12:30 A.M. THE FOLLOWING MORNING; MODIFYING
REQUIREMENTS REGARDING FOOD SALES AND ENTRANCE FEES;
AND REQUIRING A SIX MONTH REVIEW.
Section 1. The Planning Commission on January 20, 2009 held a duly noticed public
hearing to consider an application for an amendment to an existing Conditional Use Permit
(CUP 09-2) and to conduct a six month review of the business known as Dragon, at which
time testimony and evidence, both oral and written, was presented to and considered by
the Planning Commission.
Section 2. Based on the Staff Report, testimony and evidence received, both oral and
written, the Planning Commission makes the following factual findings:
1. The site is zoned C-2 (Restricted Commercial) allowing on sale alcohol use and
live entertainment in conjunction with an existing restaurant with approval of a
Conditional Use Permit;
2. On June 24, 2008, the City Council adopted Resolution 08-6601 upholding the
Planning Commission’s decision to modify Conditional Use Permit (CUP 03-24)
after finding that activities onsite were being exercised contrary to the conditions
of approval in a manner that adversely affected public welfare, including
restrictions to (1) reduce closing hours from 2:00 a.m. to midnight daily, (2)
prohibit the charging of admission to the premise, and (3) require the sale of
alcohol with an accompanying food order;
3. The applicant requests amendment of Resolution 08-6601 to remove the above
three conditions, extend opening hours to 2:00 a.m. Thursday to Sunday and
various Public Holidays, and extend live entertainment hours from 11:30 p.m. to
12:30 a.m. Thursday to Sunday and various public holidays, and to conduct a six
month review;
4. The Hermosa Beach Chief of Police by memo dated January 24, 2009 notes a
significant drop in police calls to the premises since the City Council modified the
Conditional Use Permit on June 24, 2008, and does not object to a one-hour
extension of the premise’s closing time from 12:00 midnight to 1:00 a.m. provided
1
additional security personnel are employed;
5. The Hermosa Beach Fire Department has no recorded over-crowding incidents
relating to this premises since the City Council’s modification hearing, and the
California State Department of Alcohol Beverage Control records no alcohol
license violations since June 24, 2008;
6. Analysis of the alcohol point-of-sale receipts indicates that alcohol sales have
comprised less than fifty percent of gross receipts since June 24, 2008, in
accordance with Condition 1.3 of City Council Resolution 08-6601; and
7. The applicant has altered the interior floor layout to replace the dance floor area
with a dining area, which includes tables and seating; this revised floor plan has
been approved by the City’s Building and Fire Departments in accordance with
the California Building Code, fire safety requirements and Conditional Use Permit
03-24.
Based on the foregoing, the Planning Commission makes the following findings:
1. The Commission finds that during the past six- month period, the applicant has
improved business operations and operated in a manner consistent with the
conditions of approval set forth in Resolution 08-6601. The improved business
operations have resulted in a significant drop in police calls, no overcrowding
violations, creation of a permanent seating area for diners and an increase in the
percentage of food sales at the establishment. For six-months, the CUP has been
exercised in a manner that preserves and protects the public welfare and safety on
and around Pier Plaza.
2. Given the severity of the prior violations that resulted in the City's June 24, 2008
CUP Modification set forth in City Council Resolution 08-661, the limited six-
month period of time that has elapsed since the modification, and the continuing
potential for disturbance to the public welfare and of surrounding uses residential
and commercial uses, the Planning Commission finds applicant’s request to fully
restore the closing hours from 12:00 midnight to 2:00 a.m. Thursday to Sunday
and various public holidays to be inappropriate. Rather, the Commission finds
pursuant to Sections 17.40.020 and 17.40.080 of the Zoning Ordinance, an
incremental extension of closing hours to 1:00 a.m. Thursday to Sunday and
various public holidays to be appropriate and prudent, provided all alcohol
consumption must cease at the closing time and additional security personnel shall
be present onsite; hours of live entertainment shall also be extended to one-half
hour prior to the closing time; and staff are permitted to remain onsite after the
closing time for the purposes of cleaning, site maintenance and securing the
premises only.
3. The Commission finds a ‘zero tolerance’ approach is appropriate given the
severity of the applicant’s prior violations and will take swift action to enforce the
conditions of this Conditional Use Permit should violations of the applicant’s
Conditional Use Permit occur, and/or the City Manager determines a significant
2
increase in Police and/or Fire Department activity at the premises has occurred.
4. It is appropriate for the applicant to have the ability to charge an admission charge
to patrons on the grounds this increases managerial control over patrons entering
the premise and provides a means of generating revenue for live entertainment
other than alcohol sales.
5. The wording of Condition 1.2 (Resolution 08-6601) “alcohol…shall be served
with an accompanying food order and in a manner consistent with its license
issued by the State Department of Alcoholic Beverage Control” is unduly
restrictive. The Commission finds it appropriate to remove the wording “shall be
served with an accompanying food order” from Condition 1.2. The wording of
Condition 1.3 (Resolution 08-6601) requiring that a certified public accountant
audit and certify the establishment’s gross receipts on a monthly basis imposes an
undue financial burden on the applicant. The Commission finds it appropriate to
remove the wording “to be audited and certified by a certified public accountant”
from Condition 1.3. Notwithstanding, this action has no effect on any conditions
of the applicant’s State Alcoholic Beverage license.
Section 3. The proposed Conditional Use Permit amendment is Categorically Exempt
from the California Environmental Quality Act per Guidelines, Section 15332, Infill
Development Projects, as the project involves no physical change to any structure or site,
the number of patrons and operation will not significantly change, and the project is
located in an urbanized area on an urban lot available to all necessary public services,
access and facilities.
Section 4. Based on the foregoing, the Planning Commission hereby approves
Conditional Use Permit amendment (CUP 09-2) for on-sale general alcohol and live
entertainment in conjunction with a restaurant subject to the following Conditions of
Approval, which replaces and supersedes conditions imposed by City Council Resolution
08-6601. This Conditional Use Permit amendment (CUP 09-2) governs the entire
restaurant establishment, which includes the interior dining and bar area, outdoor dining
patio and associated parking arrangements
CONDITIONS:
1. Permitted use: dining. alcohol, entertainment
1.1 The continued operation of the business shall be as a bona fide restaurant: the
kitchen shall be equipped to prepare food from its component ingredients
whenever the restaurant is open and it shall offer a full-service lunch and/or
dinner menu; food service from the menu shall be available during all hours
that the establishment is open for business.
1.2 Alcohol may be served for on-premise consumption only and in a manner
consistent with its license issued by the State Department of Alcoholic Beverage
Control (ABC).
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1.3 The permittee shall maintain a summary of gross receipts of food and alcohol
indicating the percentage of each to the total on a monthly basis. The permittee
shall submit said summaries to the Police Chief on a quarterly basis. The Police
Chief reserves the right to request additional verification as needed to verify
compliance with this Conditional Use Permit. Failure to provide said quarterly
reports on a regular basis may result in a request by the City to the ABC to
investigate the subject business’s compliance with the alcohol license conditions.
1.4 Live entertainment incidental to food service is permitted, and the types
permitted shall be consistent with definition thereof in Section 17.04.050 of the
Municipal Code and may include live music, amplified (including disc jockeys)
or non-amplified and similar live performances such as stand-up comedy,
and/or live theater on a regular basis. Live entertainment shall be “incidental”
in the sense that it serves to entertain customers who are in the premises for the
purpose of dining. Dancing by both employees and patrons is strictly
prohibited and signs shall be maintained in the restaurant notifying of this
restriction.
1.5 Drink minimums of any kind shall not be imposed at any time. Entry to the
establishment shall not be limited to persons 21 years of age or older.
1.6 The business is prohibited from using “outside promoters” to advertise the
venue and to organize and produce events at the venue. Promoters as used
herein are described as “an individual or organization that uses the facilities of
another owner to organize, oversee, or otherwise promote entertainment that is
not part of the primary business use. The business shall be under the exclusive
control of the owners at all times.
1.7 The permittee shall not solicit, advertise, or otherwise encourage the use of its
premises for “pub crawl” activities whereby persons travel in an organized or
predetermined fashion between premises with the goal of consuming alcoholic
beverages at each stop along the way.
1.8 There shall be no reduced price alcoholic beverage promotion that would
reduce the price of a single beverage below $3.00. This amount may be
modified in the future to reflect changes in economic conditions.
2. Hours of operation
2.1 The hours of operation for all operations of the restaurant, including the bar
areas, shall be limited to between 7:00 a.m. and 12:00 midnight Sunday through
Wednesday, and from 7:00 a.m. to 1:00 a.m. the following morning on Thursday,
Friday, and Saturday night, Cinco de Mayo, St. Patrick's Day, New Year’s Eve,
Halloween, Thanksgiving Eve, Christmas Eve, and all State and Federal holidays.
All alcohol sales shall cease and all customers shall vacate the premises no later
than time of close and the entrance doors shall be locked.
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2.2 Hours of live entertainment shall be limited to 8:00 a.m. to 12:30 a.m. the
following morning on Thursday, Friday, Saturday nights, Cinco de Mayo, St.
Patrick's Day, New Year’s Eve, Halloween, Thanksgiving Eve, Christmas Eve,
and all State and Federal holidays.
2.3 Staff are permitted to remain onsite after the business is closed to the public for
the purposes of cleaning, site maintenance and securing the premise only.
2.4 To allow for an adequate monitoring period, no further extension of operating
hours shall be permitted for at least six months from the date of this Resolution.
3. Floor plan
3.1 The furniture and interior improvement within the business operation and
outside patio shall conform to the interior Floor Plan dated March 25, 2008 and
the Outdoor Dining Patio Plan dated November 30, 2007; both plans are
attached as Exhibit “A” and date stamped by the Planning Division February
11, 2009. Other than trivial or insignificant deviations in the placement or
arrangement of furniture, no change whatsoever shall be made to the interior of
the premises that is inconsistent with the approved floor plan and under no
circumstances shall furniture or other interior/exterior improvements be
rearranged to accommodate dancing, more entertainment or greater occupancy
absent approval by the Planning Commission by way of modification of the
Conditional Use Permit.
3.2 The establishment shall have no more than eight (8) televisions.
4. Occupant Load; overcrowding
4.1 The Fire Department shall maintain a record of the posted allowable occupant
load for the business and regularly check the business for occupant load
compliance. The occupant load shall not exceed the amount permitted as
prescribed by the California Building Code, based on the floor plan shown in
Exhibit “A” which has been reviewed and approved by the Department of
Community Development and Fire Department (main restaurant) and Public
Works Department (outdoor patio within Encroachment Permit area). An
approved occupant load sign shall be posted in the business as directed by the
Fire Department.
The privilege granted to the permittee to serve alcohol for on-premises
consumption and to offer live entertainment may be suspended pursuant to the
provisions of this condition and the Hermosa Beach Municipal Code, as it exists
today or as may in the future be amended. The business may be subject to the
suspension provisions below, in the event that the business is found by the City
Manager, Fire Chief or Police Chief, to be in violation of any of the following:
a. Conditions of this Conditional Use Permit 09-02;
b. Conditions of the State Alcoholic Beverage Control license;
5
c. Significant increase in police calls and/or public disturbances; or
d. The maximum, posted occupant load.
Should one violation occur, the City Manager may order the premises closed and
all business operations suspended for three days, two of which shall fall on a
Friday and Saturday. If a second violation should occur, the City Manager may
order the premises closed and all business operations suspended for three days,
two of which shall fall on a Friday and Saturday, and shall immediately refer the
matter to City Council to consider an amendment to this CUP requiring a 12:00
am midnight daily closing time. The permittee shall be notified of the suspension
in writing. The actual date of the suspension and whether a violation has
occurred shall be as determined by the City Manager.
4.2 The permittee may appeal the suspension by filing a written notice of appeal with
the City Clerk within ten calendar days of receipt of the notice of suspension.
Filing a written notice of appeal shall stay the notice of suspension while the
appeal is pending. The appeal shall be heard by the City Council at its next
regular meeting, subject to agenda posting requirements. The City Council shall
hear testimony and consider evidence regarding the factual circumstances of the
violation and shall uphold the suspension if the evidence supports the existence of
the violation. The City Council's decision shall be final.
5. Nuisance avoidance, patron behavior and noise
5.1 The business shall not operate in a manner that adversely effects or interferes
with the comfortable enjoyment of neighboring residential and commercial
property.
5.2 To minimize public disturbances, four (4) uniformed security guards shall be
stationed onsite at all times between 10:00 p.m. to 1:15 a.m. the following
morning on Thursday, Friday, Saturday, Cinco de Mayo, St. Patrick's Day,
New Year’s Eve, Halloween, Thanksgiving Eve, Christmas Eve, and State and
Federal holidays. The Police Chief may, in writing, following review of the level
of public disturbance associated with the subject site, reduce or modify the
security guard requirements at the premise.
5.3 The business owner shall install and/or maintain security lighting on the exterior
of the building subject to approval by the Police Chief and Department of
Community Development.
5.4 The business shall employ adequate staffing and management/ supervision to
prevent serving underage persons, over-serving alcohol, and loitering, unruliness,
and boisterous behavior by patrons both inside and outside on the business
premises, or in the immediate area. In particular, the permittee shall implement
and maintain the policies entitled “Regarding the Dragon’s prohibition on
dancing and the Dragon’s responsible sale and service of alcoholic beverages” as
submitted to the Planning Commission on May 20, 2008 and attached as Exhibit
“B,” including the requirement for a manager to remain on the premises daily
6
from 7:00 p.m. until at least fifteen (15) minutes after the business closes, written
confirmation that all staff serving alcoholic beverages or monitoring patrons have
completed the Licensee Education on Alcohol and Drugs Training (LEAD) or an
equivalent staff training program offered by the California Department of
Alcoholic Beverage Control.
5.5 If the Police Chief determines that there are a disproportionate number of police
calls to the business due to the disorderly or disruptive behavior of patrons and
the inability or refusal of the business to manage its patrons, the Chief shall so
notify the Director of Community Development of these actions, who shall
forthwith schedule a public hearing before the Planning Commission to consider
modification or revocation of this Conditional Use Permit.
5.6 The business shall comply in all other respects with Municipal Code Chapter 8.24
(Noise Control) and noise from the premises shall not constitute a public
nuisance.
5.7 The permittee shall implement and maintain the noise control recommendation
in the acoustical study prepared by Davy and Associates dated June 9, 2004 and
attached hereto as Exhibit “C”, to the satisfaction of the City, as well as features
previously installed or implemented measures including: double paned windows,
solid doors, self closing hardware on doors, and air conditioning system of
adequate capacity. In addition, the permittee shall continue to have all doors and
windows in a closed position during performance of any live entertainment and
the business management shall be responsible for volume levels of all music or
live entertainment.
5.8 No live entertainment, dancing, amplified music, audio, television or speakers of
any kind shall be permitted in the outside seating areas that are maintained
pursuant to an encroachment permit. In no event shall continuous, sustained or
repeated noise from the business be audible at the property line of any residential
premises at any time.
5.9 The permittee shall post and enforce a dress code that provides: “DRESS
CODE: Shoes and shirts required, no gang clothing or other articles/jewelry
indicative of gang affiliation is permitted, no beanies, no bandanas ands no
offensive message on clothing is permitted. We reserve the right to refuse service
to anyone.”
5.10 The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
6. Miscellaneous conditions
6.1 This Conditional Use Permit shall supersede and replace all Conditional Use
Permits previously approved for the property and City Council Resolution 08-
6601 is hereby rescinded and is of no further force and effect.
7
6.2 The restaurant and on-sale alcohol and live entertainment shall be subject to
review by the Planning Commission six months after the effective date of this
Resolution and annually thereafter to verify conformance with the Conditions of
Approval.
6.3 The operation of the business shall comply with all ordinances, regulations and
laws applicable to a business of this kind in effect as of the date hereof or
hereafter adopted. In addition to any other remedy available at law, in equity or
as provided in the Municipal Code, any: (i) any significant or material violation,
or (ii) any repeated, continuous or sustained violation of any condition of
approval of this Conditional Use Permit shall constitute cause for revocation of
this Permit. The Permittee shall be required to reimburse the City fully for its
costs and expenses, including but not limited to attorney’s fees, in undertaking
any such corrective action. Reimbursement of enforcement costs shall constitute
a civil debt and may be collected by any means permitted by law. In the event
that violations of this Permit occur, the City shall refrain from issuing further
permits, licenses or other approvals until such violation has been gully remedied.
Section 5. The operation of the business shall comply with all applicable requirements of
the Municipal Code; 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.
Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents,
officers and employees from any claim, action or proceeding against the City or its agents,
officers or employees to attack, set aside, void or annul this Conditional Use Permit. The City
shall promptly notify the Permittee of any claim, action or proceeding and the City shall fully
cooperate in the defense. If the City fails to promptly notify the Permittee of any claim, action
or proceeding, or the City fails to cooperate fully in the defense, the Permittee shall not
thereafter be responsible to defend, indemnify or hold harmless the City.
Permittee shall reimburse the City for any court and attorney’s fees that 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 Conditional Use Permit.
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 shall be recorded and proof of
recordation shall be submitted to the City of Hermosa Beach.
Each of the above conditions is separately enforceable and, if one of the conditions is found
unenforceable by a court of law, all other conditions shall remain valid and enforceable.
8
Section 6. 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: Pizer, Perrotti, Darcy, Allen and Hoffman
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 09-3 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California at their regular
meeting of January 20, 2009.
Ron Pizer, Chairman Ken Robertson, Secretary
February 17, 2009
Date
f:\b95\cd\pc\2009\02-17-09\dragon_reso_11feb09final.doc
9
Sandy Saemann
2514 Hermosa Ave
Hermosa Beach Ca 90254
City of Hermosa Beach
Planning Commission
1315 Valley Drive
Hermosa Beach Ca 90254
Monday, February 16, 2009
Re: Revocation / Modification Hearing on the North Barʼs CUP
Gentleman,
This document is in response in part to Mr. Jenkins letter of June 12,
2008 and another request for the Planning Commission to read this
response and review the CUP of the North End Bar based on the facts
here in. (Now referred to as NEB). I have taken the time to make sure
the facts, drawings and the rules in this letter reflect the law. A group
of professional including one City Counsel member who attended one
meeting, have reviewed the facts here in and their statements are true
and correct and not just ramblings like Mr. Jenkins has accused other
professional that have responded with opinions in past letters that
have been written to this City by me. These opinions come from the
highest level and are not like his paid for stock answers that come
from Mr. Burrell. All statements have enclosed documentations from
the law. We known that this Commission has no jurisdiction over the
occupant load issue, Building Code and Noise ordinances, however
we want you see the whole picture.
Occupant Load
See G Schnieder Letter of Oct 23, 2008. This opinion has been
reviewed by four other professionals with the same result. We ask
again that you reduce The North End Bar occupancy immediately.
The Triggering of Additional Requirements
A change in the occupancy load is a change in occupancy.
Table 4-1 California Plumbing Code 2007, which then triggers the
handicap codes. If you add more people, i.e.100 or more then the
Plumbing work must be done, regardless of that fact you are still in
the same occupancy classification.
“No change in classification” does not equal “no
change in occupancy load”. There has been a change
in the occupancy load from 80 to119. We believe that 61
is correct and occupancy loads over 100 people are tied to
the plumbing code, which would trigger those
improvements.
The Table 4-1 states paragraph 3 “ This table applies to
new buildings, additions to a building, changes of
occupancy or type in an existing building resulting in
increased occupant load.” and then it states that
provisions for persons with disabilities. The code doesnʼt
care how you came to those numbers. Occupancy load
increase is an increase and that increase was caused when
the City changed the NEB from a Drinking establishment to
an assembly resulting in a occupancy load change.
No change in classification does not equal no change in
occupancy load. There has been a change in the occupancy
load from 80 to 119, 61 is the correct number and occupancy
loads over 100 people are tied to the plumbing code, this would
trigger those improvements.
Please provides us with laws and codes that donʼt
enforce our position.
Obliviously you donʼt think that more bathrooms are needed
at NEB, but with 119 people and only one bathroom per gender, its
no wonder why I have all these people urinating in from of my
house.
No Parking
The documents that were sent back to the Planning Commission the
night when the Bar got its Hard Liquor License clearly shows that
parking and having additional parking was the reason the Counsel
revised the Planning Commission decision. In fact, the parking of cars
on a lot was also place on their records. This was review again on
this location when the Bar tried to obtain a dance permit which was
three year after the CUP was granted. In addition, in the City records
is the letter from the Barʼs attorney stating the a lot had been leased
next door. It was presented to the Council because of objections of
staff. Why would the City Clerk include in the instructions of this letter
on same the page to the planning commission if it wasn't? That is
why additional parking was required, there may have been no
continued lease of that particular lot but additional parking was a
requirement, this was one of the main reasons that staff was against
this CUP. The granting of this CUP was based on that letter.
The granting of a Hard Liquor License in a residential area was
wrong also. With all of these problems and a history of no parking itʼs
unbelievable that you could raise their occupancy load. We still
believe that they, The North Bar, have no CUP and a review is
needed by the Planning Commission to correct this on going
problem. Again parking was a requirement as reflected in the two
permit applications and the records. The reason it isn't clearly stated
is that no final CUP was ever given but records and city clerks
instructions are clear about parking, therefore the North End
Bar is in violation of CUP.
Lastly in regards to Parking it is unbelievable that you could raise the
occupancy from 80 to 119 and have no review of the impact of
parking and noise on the area.
Parking was non- existent before this happened and now
at night, during the summer season etc itʼs impossible to get a
space. How can you give a place without one space a 40%
increase in occupancy. A complete review should have taken
place and public hearing on the matter should have taken place.
Noise Complaints / Public nuisance
Regarding all three Noise Ordinances, the cityʼs Police Dept,
because of the Cityʼs Manager and City Attorney Jenkins are not
enforcing the laws regarding noise and the North End Bar. The city
has never enforced anyone of them, at anytime. I have even recently
signed a ticket and nothing has resulted this has happened before
where is the ticket?. The Bar has never been cited for anything.
1. 8.24.030
Reads person and definition of person under 08.24 reads
corporation or entity, public or private so why isn't the North
End Bar falling under this section, also there is nothing in
this section that says I need to sign anything.
2. 08.24.030 Section I - Commercial establishments
adjacent to residential property. Noise emanating from
the Bar shall be within the limitations prescribed by the
Cityʼs noise ordinance and shall not be plainly audible
from any residential.
HBPD refused to write the ticket.
3. Ordinance No. 04-1251 Pier 85 foot rule
Call reports by the city do not reflect calls made by
residents.
Reports donʼt match the reality of what is going on at the North End
Bar. Elements of drunkenness and bad people and luring drunk
males walking the streets with open containers and drugs. Urination,
exposure, fights etc
Where is the Rape column? Urination column?
Legally it is the responsibility of the City and the bar owner to make
sure that the patrons do not infringe on residential rights. The
constant drunken banter, unnecessary noise that staggers out of the
North End Bar is with complete disregard for our quiet enjoyment of
our property.
The city manager was given notice in writing and nothing has
happened.
There are more problems and noise at other times than
reported. Noise emanating from the Bar shall be within the
limitations prescribed by the Cityʼs noise ordinance and shall
not be plainly audible from any residential use. My tapes show
the truth about what going on at night regardless of what
anybody says.
How do a 120 people leave a bar at 2:00 am quietly?
Does A Restaurant have 20- 50 people in line at 12:30 am with three
Bouncers?
Cabs Doorʼs slamming and the starting of carʼs motors.
Yelling for cabs and saying the F word.
Urination, which happens often. No one has been cited for that.
North End Bar has other CUP Violation
Multiple Overcrowding!! One violation in 2007 was 186 people!
Fights, Rape and more.
North End Bar has had more violations than the 705 Club. Police
records indicate that, North End Bar adversely affects the welfare of
my residence with excessive noise and unruly and boisterous
behavior by its patrons.
Modify the Noise laws to include businesses and bars,
restaurants and their lines. It should cover the entire city limits
and reduces audible to 40 feet in residential areas.
Restaurant Definition / 50 / 50 rule
I have asked the city since last Oct 2007 to enforce laws, codes,
zoning and ABC laws that are in effect. “Bona fide eating place” and
“restaurant” are synonymous with each other and defined in both the
Hermosa Beach Code and the ABC Code. The Municipal Code
(when it was amended) affected all restaurants / bona fide eating
places that were operating at the time of amendment and no one
was singled out. In addition, Mr. Courts did not open The North End
Bar until 2000, nor did he object to the wording change in the
amended code.
The North End Bar must have 50% food to alcohol sales and be
a bona fide food restaurant. If not then the North End Bar
would have an unrestricted license, which would be contrary to
public welfare or morals.
The Municipal code is clear that it is not about if you have a kitchen
or when it is open. both in our zoning and ABC permit to the
North End Bar, itʼs the amount not when.
This is a violation of our codes and zoning laws and is breaking the
ABC permit Number 47-352352, and the City is assisting the North
End Bar in breaking the law. A bona fide food restaurant is what the
City Council granted in 1973, not an unrestricted license which it is
now.
Their CUP and “Hard Liquor “ license requires a 50% to 50% ratio of
food to alcohol, not just a suitable kitchen. All three bars that were
reviewed by the city went back three years , why isnʼt the North End
Bar having the same time period placed on it.
Without the 50 - 50 requirements imposed by the ABC and The City
of Hermosa Beach you would have an unrestricted licensed Bar and
that is not what was granted a License 47 restaurant.
The City is helping it to become an unrestricted licensed bar and
therefore, it has changed its use and violated its CUP. The City
Manager is helping to create a public nuisance by not upholding the
law. The City is bound to uphold the laws.
NEB was reviewed by the ABC and was found out of compliance,
however the review was not for three year in the rear. I want the
same period as the other bars had.
A Change in the CUP
The North End Bar is a Sport Bar Night Club
The Conditional Use Permit is being exercised contrary
to the terms of approval.
The permit says it shall sell primarily food and alcohol should be
secondary.
The North End Bar has changed their use from a bona
fide eating place / restaurant to a Sport Bar / Night Club
and that is also a violation their of CUP
The North End Bar asked to be permitted as a bona fide restaurant,
on that basis the city said yes. Ask for one thing and do another is
misrepresentation. They are a comellian / hybrid. After 10:00 P.M.
(3 )bouncers come out , the stanchions come out and 10 to 20
people come out to wait inline to get in to the NEB for what? To eat
dinner? No one is eating dinner at 12:00 a.m. This scenario can
happen at anytime when there is a big sporting event on TV, 12:00
noon or 3:00P.M. on a Saturday, Sunday, or any major holiday. Why
does a restaurant need five wide screen TVs? People made
statements that they feel safe because there are 3 bouncers outside
at 2:00a.m. why because there are 120 drunk people out of control.
The Permitted interior shall be consistent with its
primary use as a restaurant.
The Bar floor Plan has only 20 seats for eating and 90 for
drinking. Why is a restaurant that doesnʼt serve food open until 2:00
a.m. with three bouncers and a line of 20 people?
The Permit granted is being, or recently has been,
exercised contrary to the terms or conditions of such
approval, or in violation of any statue, ordinance, law
or regulation.
The North End Bar is in violation of its occupancy load , the
plumbing codes of CBC, handicap codes, its CUP because of its
current use and its adverse impact to my house, property and my
personal well being as a private and public nuisance, which is
inconsistent with the requirements of its CUP.
In Summary
The City Manager and Attorney Jenkins are not enforcing the
laws and regulations regarding noise, occupancy, and the CUP on
theNEB. Call reports by the city do not reflect actual seen incidents
recorded or seen by certain residences who live in direct eye and
sound contact. Legally it is the responsibility of the City and the bar
owner to make sure that the patrons do not infringe on residential
rights. The constant drunken banter, unnecessary noise that staggers
out of the North Bar is with complete disregard for our quiet
enjoyment of our property. The NEB has more calls than the 705
Club yet nothing is done about it. This doesn't include other things
that arenʼt even on the report such as urination, exposure and rape
which happened. Yet no one has ever been cited for anything.
Reason for Review and Modification
The North End Bar CUP should be modified because:
1Not a restaurant but a sport bar / night club
2 Occupancy Load is in violation of the California Building ,
California, Plumbing Code Table4-1and ADA Handicap
Codes
3 That the use for which such approval is granted is not
being exercised:
4 That the use for which such approval was granted has
ceased to exist or has been suspended for one year or
more;
5 The CUP was granted to operate a bona fide restaurant
not a bar
6 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;
7 The North End Bar is under review of their ABC Lic #47-
35232, The 50-50 code
8 ABC code 23038 Bona fide public eating place
9 All Municipal Noise Ordinances : Sec I 08.24.030, Sec E
08.24.030, Sec 8.24.030
10 That the use for which the approval was granted was so
exercised as to be detrimental to the public health or safety,
or so as to constitute a nuisance.
11 Noise is emanating from the property and is plainly
audible and is creating a nuisance to certain surrounding
residential neighborhoods
12 No Parking
13 This Bar is operating in a manner as to have adverse
effect on or interfere with comfortable enjoyment of
neighboring residents
14 Multiple complaints over long periods of time for
unruliness and boisterous activities of patrons outside the
business and parking area; rape, vandalism, fights, cabs ,
yelling, drunkenness, bad and foul language.
15 Excessive Public Urination No bathrooms
16 Male Exposure of private parts
17 Overcrowding 4 times in the last three years
18 Fights two in the last year
Action Request
Reduce the North End Bar occupancy to 61, reduce the
North End Barʼs hours to 11.00 pm on Fridays and Saturdays and
10:pm Monday, Tuesday, Wednesday, Thursday, and Sunday. This
a residential area not the Pier.
Thank you for your time and attention,
Sandy Saemann Susan Saemann
Troy Saemann Shelby Saemann
Ed McDowel Joyce McDowel Hard copy with signatures is coming under separate cover.
!"!
G r e g S ch neider J A rc hite ct
1902 Speyer Lane, Redondo Beach, CA 90278
310-376-8418
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REVISIONS BY
FAX: 310.376.8418
Greg Schneider ArchitectArchitectureInteriorsPlanning310.376.8418DRAWN
CHECKED
DATE
SCALE
JOB NO.
5/1/08
A-1
SHEET
OF SHEETS1902 Speyer LaneRedondo Beach,California 902781 44"44"44"
44"
44"
36"48"60"38 1/2"24 1/4"2
4
3
/
4
"44"24"
24"
24"24"24"24"
24"
24"
24"24"24"AREA "D"
AREA "E"
AREA "F"
AREA "C"
AREA "B"
AREA "A"
DOES NOT MEET MIN. EGRESS WIDTH
DOES NOT MEET MIN. EGRESS WIDTH
INADEQUATE SPACE FOR SEATING
AT FIXED TABLES (TYP.)
INADEQUATE SPACE FOR SEATING
AT FIXED TABLES (TYP.)
AREA "D"
AREA "E"
AREA "F"
AREA "C"
AREA "B"
AREA "A"
REQUIRED CLEARANCE AT DOORSREQUIRED CLEARANCE AT DOORS
PIN BALL MACHINES
NO OCCUPANTS
MEN'S ROOM
LADIES ROOM
BACK BAR
3 OCCUPANTS
POOL
TABLE BAR TOP
BAR TOP
BAR TOP
BAR TOP
KITCHEN & FOOD PREP
2 OCCUPANTS
REQUIRED EGRESS AISLE
REQUIRED EGRESS AISLE REQUIRED EGRESS AISLEREQUIRED EGRESS AISLEMIN.MIN.MIN.
MIN
.MIN.MIN.MIN.MIN.EXIT
NO
OCCUPANTS
REQUIRED EGRESS AISLE
MINIMUM SEATING AREA CLEARANCE
MEN'S ROOM
LADIES ROOM
BACK BAR
3 OCCUPANTS
POOL
TABLE BAR TOP
BAR TOP
BAR TOP
BAR TOP
REQUIRED EGRESS AISLE
REQUIRED EGRESS AISLE REQUIRED EGRESS AISLEREQUIRED EGRESS AISLEREQUIRED EGRESS AISLE
MINIMUM SEATING AREA CLEARANCE
AREAS PER
CITY'S EXHIBIT A
AREA ENCROACHING INTO
REQUIRED EGRESS AISLE
AREAS PER
CITY'S EXHIBIT A
CITY OF HERMOSA BEACH OCCUPANCY PLAN FOR NORTH END BAR & GRILL PER EXHIBIT "A"
LEGEND LEGEND
DOES NOT MEET MIN. EGRESS WIDTH
AREA QTY NOTES/COMMENTS
BAR STOOL AREA (76 LF) = 76/2 =38 OCCUPANTS BAR STOOLS NEED TO BE REDUCED TO PROVIDE
PROPER EGRESS AISLE.
TABLES (FIXED SEATS) 6x4 =24 OCCUPANTS SIZE AND QUANTITY OF TABLES NEEDS TO BE
REDUCED TO PROVIDE REQUIRED EGRESS AISLE AND
FLOOR SPACE.
AREA “A” = (12.5’x14’) + (1’x10.5’) - (4’x8’) =153.5 sq. ft.AGREE WITH CALCULATION
AREA “B” = (10’x8’) =80 sq. ft.AREA ENCROACHES INTO EGRESS AISLE, NEEDS TO BE
REDUCED TO PROVIDE REQUIRED EGRESS
AREA “C” = (3.5’x4’) =14 sq. ft.THIS AREA SHOULD NOT BE INCLUDED IN
CALCULATION SINCE IT IS IN THE REQUIRED EGRESS
AISLE AND SWING OF KITCHEN DOORS AND THE
REQUIRED CLEARANCE IN FRONT OF THE DOORS.
AREA “D” = (3’x4’) =12 sq. ft.PART OF THIS AREA ENCROACHES INTO REQUIRED
EGRESS AISLE, AND NEEDS TO BE RECALCULATED.
AREA “E” = (4’x5’) =20 sq. ft.PART OF THIS AREA ENCROACHES INTO REQUIRED
EGRESS AISLE, AND NEEDS TO BE RECALCULATED.
AREA “F” = (3’x4’) =12 sq. ft.PART OF THIS AREA ENCROACHES INTO REQUIRED
EGRESS AISLE, AND NEEDS TO BE RECALCULATED.
TOTAL AREA =291.5 sq. ft./ (1 OCCUPANTS/7 SQ.FT.)=42 OCCUPANTS
KITCHEN = (13’x11’) + (15’x5.5’) + (6’x8’) =273.5 sq. ft./ (1 OCCUPANTS/200 SQ.FT.)=2 OCCUPANTS
BAR = (11’x10’) + (2’x4’) + (2’x3’) =124 sq. ft./ (1OCCUPANTS/100 SQ.FT.)=2 OCCUPANTS
TOTAL OCCUPANT LOAD =108 OCCUPANCY PLAN EVALUATION OF:NORTH END BAR & GRILL2626 HERMOSA AVEHERMOSA BEACH, CA 90254FOR: MR. SANDY SAEMANNEXHIBIT "A" CALCULATION
REVISIONS BY
FAX: 310.376.8418
Greg Schneider ArchitectArchitectureInteriorsPlanning310.376.8418DRAWN
CHECKED
DATE
SCALE
JOB NO.
5/1/08
A-2
SHEET
OF SHEETS1902 Speyer LaneRedondo Beach,California 9027844"44"44"
44"
44"48"60"44"24"24"24"24"
24"
24"24"44"44"
44"
44"
REQUIRED CLEARANCE AT DOORS
PIN BALL MACHINES
NO OCCUPANTS
MEN'S ROOM
LADIES ROOM
BACK BAR
3 OCCUPANTS
POOL
TABLE BAR TOP
BAR TOP
BAR TOP
BAR TOP
KITCHEN & FOOD PREP
2 OCCUPANTS
REQUIRED EGRESS AISLE
REQUIRED EGRESS AISLE REQUIRED EGRESS AISLEREQUIRED EGRESS AISLEMIN.MIN.MIN.
MIN
.MIN.MIN.MIN.MIN.EXIT
NO
OCCUPANTS
REQUIRED EGRESS AISLE
MINIMUM SEATING AREA CLEARANCE
MIN.MIN.MIN.
LEGEND
Area A
A: 153 sq ft
Area B
A: 45 sq ft
Area F
A: 9 sq ft
Area E
A: 20 sq ft
OCCUPANCY UNDER A CONCENTRATED USE (1 OCCUPANT PER 7 SQ. FT.)
INCORRECT OCCUPANCY TYPE BASED ON BUSINESS TYPE
AREA QTY NOTES/COMMENTS
BAR STOOL AREA (66 LF) = 66/2 =33 OCCUPANTS
TABLES (FIXED SEATS) 2x4 =8 OCCUPANTS
AREA “A” = (12.5’x14’) + (1’x10.5’) - (4’x8’) =153.5 sq. ft.
AREA “B” = (10’x4.5’) =45 sq. ft.
AREA “C” = (0’x0’) =0 sq. ft.
AREA “D” = (0’x0’) =0 sq. ft.
AREA “E” = (3’-4”x6’) =20 sq. ft.
AREA “F” = (3’-4”x2’-10”) =9 sq. ft.
TOTAL AREA =227.5 sq. ft./ (1 OCCUPANTS/7 SQ.FT.)=33 OCCUPANTS
KITCHEN = (13’x11’) + (15’x5.5’) + (6’x8’) =273.5 sq. ft./ (1 OCCUPANTS/200 SQ.FT.)=2 OCCUPANTS
BAR = (11’x10’) + (2’x4’) + (2’x3’) =124 sq. ft./ (1OCCUPANTS/100 SQ.FT.)=2 OCCUPANTS
TOTAL OCCUPANT LOAD =78
OCCUPANCY UNDER A LESS CONCENTRATED USE (1 OCCUPANT PER 15 SQ. FT.)
AREA QTY NOTES/COMMENTS
BAR STOOL AREA (66 LF) = 66/2 =33 OCCUPANTS
TABLES (FIXED SEATS) 2x4 =8 OCCUPANTS
AREA “A” = (12.5’x14’) + (1’x10.5’) - (4’x8’) =153.5 sq. ft.
AREA “B” = (10’x4.5’) =45 sq. ft.
AREA “C” = (0’x0’) =0 sq. ft.
AREA “D” = (0’x0’) =0 sq. ft.
AREA “E” = (3’-4”x6’) =20 sq. ft.
AREA “F” = (3’-4”x2’-10”) =9 sq. ft.
TOTAL AREA =227.5 sq. ft./ (1 OCCUPANTS/15 SQ.FT.)=15 OCCUPANTS
KITCHEN = (13’x11’) + (15’x5.5’) + (6’x8’) =273.5 sq. ft./ (1 OCCUPANTS/200 SQ.FT.)=2 OCCUPANTS
BAR = (11’x10’) + (2’x4’) + (2’x3’) =124 sq. ft./ (1OCCUPANTS/100 SQ.FT.)=2 OCCUPANTS
TOTAL OCCUPANT LOAD =60 OCCUPANCY PLAN EVALUATION OF:NORTH END BAR & GRILL2626 HERMOSA AVEHERMOSA BEACH, CA 90254FOR: MR. SANDY SAEMANNPROPOSED OCCUPANCY PLAN
1
February 8, 2008
Honorable Chairman and Members of the Regular Meeting of
Hermosa Beach Planning Commission February 17, 2009
SUBJECT: Text Amendment and Zone Change and adoption of an Environmental Negative
Declaration to implement zoning-related recommendations pertaining to property
currently zoned C-2 (Restricted Commercial) along Pier Avenue in the ‘Upper Pier
Avenue Committee Final Report’ approved by the City Council on March 25, 2008 to
promote a pedestrian-friendly village center serving local residents as well as visitors,
addressing permitted and conditional uses; design standards; parking requirements;
sign standards; incentives to encourage service-type/office uses on the second floor
and retain architecturally/historically important buildings; findings for approving
conditional uses; creation of a specific plan area or overlay zone;
standards/restrictions on outdoor seating and/or displays on the sidewalk; and other
minor related changes affecting Chapter 17 (Zoning) and other Chapters for
consistency.
Recommendation
Adopt attached resolution recommending the City Council adopt an environmental Negative Declaration
and Text Amendment (TEXT 08-8) and Zone Change (ZON 08-2) creating a specific plan area and
adopting standards and guidelines implementing the Upper Pier Avenue Final Report.
Background
The proposal is a text amendment to create a new zoning district (Specific Plan No. 11) and zone change
to apply the zone to property along Pier Avenue (Attachment 1). It contains standards to ensure that future
development will be pedestrian-oriented with buildings set close to the sidewalk with the appearance of
storefronts, and parking located behind buildings together with other standards applicable to new or
redeveloped sites. The proposal does not affect existing development or uses. If existing development is
destroyed by fire or acts outside the control of the owner, the property could be restored to the same design
and intensity without the need to comply with the standards.
On December 3, 2008, the Planning Commission held its second public hearing on the proposal and
expressed support of the proposal, directing staff to address several minor concerns: zoning options for an
island of C-2 adjacent to the Civic Center that would be created by the proposal, comment regarding
passive solar opportunities, signs and pedestrian amenities as related to the streetscape, and graphics
depicting proposed standards and guidelines. On January 20, 2009 the item was continued to February 17
to allow additional time for review by the City Attorney's office.
The December 3, 2008 proposal has been refined and in some cases reorganized in Attachment 1 with no
significant change to the basic principles and content of the proposal, based on discussion with the City
Attorney's office and other city departments, as follows:
▪ Text is reorganized to clarify the distinction between mandatory standards versus permissive
guidelines. The City Attorney advises that permissive standards must be identified as such and cannot
be the basis for project denial the same way that mandatory standards can. Therefore, some provisions
of the text amendment have been revised to quantify mandatory development standards: for example,
2
a guideline that landscape "shall be primarily pervious" is changed to landscape "shall be 75%
pervious." Other provisions that are encouraged, but not required a clearly labeled as permissive. In
addition, language has been added specifying when non-quantified or guidelines will be subject to the
review by the Planning Commission.
▪ Thresholds or permitting at which standards or guidelines apply has been clarified.
▪ The section on protection of architectural resources is revised to reduce confusion or redundancy with
Chapter 17.53 Historical Resources.
Analysis
The analysis includes the topics addressed by the Commission on December 3, 2008 (topics I--IV),
followed by discussion of modifications of the draft proposal as a result of review by the City Attorney and
consultation with other departments (topic V), and modifications to other sections of zoning and the
Municipal Code generally (topic VI) for consistency . Please refer to the December 3, 2009 staff report for
discussion and the proposal conceptually approved by the Commission.
I. Zoning options for island of C-2. An island of C-2 would be created by the proposal. The property
owned by the City is west of Bard Street, adjacent to the Civic Center, and used by the Library, Fire and
Police Departments. Adjacent parcels would be zoned Specific Plan Area No. 11, Open Space and
Multiple Family Residential R-3. Staff believes there is little benefit to rezoning until the city prepares a
master plan or decides to dispose of the property. Options:
1. Retain C-2 zoning (recommended): While an island of C-2 will result, the city retains control over
land uses until the property is sold. Rezoning is premature until the city prepares a civic center
complex master plan addressing its contiguous parcels zoned C-2, OS and M-1.
2. Rezone to SPA-11: Unless the property is under the same ownership as abutting parcels zoned
SPA-11 fronting Pier Avenue, little is gained from inclusion of the property in the plan area because
uses and standards focus on the Pier Avenue frontage.
3. Rezone and amend General Plan to OS: Until the city prepares a civic center complex master plan
addressing its ownership currently zoned C-2, OS and M-1, little will be gained and the city will incur
additional cost.
4. Create new public facilities zoning district or overlay zone: The city may desire to evaluate a new
zoning district for public facilities during preparation of a master plan for the civic center complex.
3
II. Solar energy. Address comments of Jerry Compton regarding passive solar opportunities,
specifically passive solar opportunities posed by thick heat absorbing materials (such as concrete, stone
and tile) adjacent to the required glazed areas on southern exposures. It is staff's intent to keep the
suggested methods broad in nature. Section 17.38.550.H.4 is modified so that it is clearer that all building
should comply unless the Commission allows a deviation and to focus on exterior elements. The previous
wording "Install cool (nonheat absorbing) roofs, pavement and materials" and "Install deciduous vegetation,
overhangs or awnings to protect south/west faces" is proposed to be replaced with "Install deciduous
vegetations, overhangs, awnings or other features to protect south/west faces and/or moderate interior
temperatures."
III. Graphics. Graphics illustrating various standards and guidelines are added to this staff report and
the zoning proposal.
IV. Relationship to streetscape project: The Commission requested staff to address signage and
pedestrian amenities provisions as related to the Pier Avenue streetscape project conceptually approved by
the City Council. The Council will consider approval of the streetscape improvements details on February
10, 2009, with construction anticipated in 2009.
The streetscape project includes the following components as relevant to zoning:
Within 100' right-of way', retain 4-lane configuration; reconfigure primarily angled parking
spaces to parallel and angled spaces.
Install 5.5' enter median strip planted with palms and canopy trees. Widen 10' sidewalks
to 12.5' with street trees at approx. 30' intervals. Larger canopy trees are generally limited to 'bulb-
outs' to at Monterey Blvd., Bay View Drive and Manhattan Avenue. Palms predominate between
4
Hermosa and Monterrey Aves. to reduce impacts to ocean views, with canopy trees located
eastward.
H Street furniture (benches, bus shelters, bicycle racks, planters, etc.) are focused at bulb-
outs at Monterey and Manhattan Boulevards.
I Directional signage to be installed, identifying Hermosa Beach and Pier Avenue as a retail
and recreational destination for both residents and visitors.
The relationship of buildings to the street is shown in Figure 1. The sidewalk can be divided into zones as
shown in Figure 2. Canopy trees and pedestrian amenities tend to be clustered at bulb-outs at major
intersections where space permits, and mid-block crossings. Street trees will be installed in tree wells
spaced approx. 30' apart, taking into account actual conditions. This averages one tree per 1-2 lots as
shown in Figure 3. Species proposed are generally 15'–30' in height, with 10'–30' canopy at maturity.
Street trees should be trimmed to a minimum of 1'--2' from building façades and maintained 8' above the
sidewalk, with vertical clearance (over 13') adequate for large vehicles within the parking/travel lanes.
Street trees installed on sidewalks should be selected and pruned to provide shade, without overwhelming
or encroaching on buildings and signage.
Proposed Sidewalks – Figure 2
30' building max.
16' first floor max.
8' awning clearance
over sidewalk min.
85' -100'
Lot Depth
RRM Design Group 10/08, as modified by Hermosa Beach CD
Proposed Pier Avenue Cross Section – Figure 1
5
The zoning proposal calculates pedestrian amenities based on one bench and tree per 50 feet of lot
frontage. This rate exempts developers of smaller lots (30'-49' frontage) from the requirements. It is
consistent with the Public Works Department standards of one tree well per 50 feet. The standards in the
proposed ordinance specify what amenities private developers must supply onsite or assist in supplying on
the public right of way when not accommodated onsite (17.38.550.J). In addition, to ensure that vegetation
is in scale with buildings, tree species with a maximum height of 30 feet at maturity (given site conditions)
are to be used. Trees planted on private property adjacent to the sidewalk must be approved by Public
Works (17.38.550.L.5).
Signs at the first story projecting over the sidewalk maximize visibility to pedestrians regardless of tree
height at maturity. A clear area without signs, trees or other obstructions approximately 8' deep by 8' high
encompassing the building frontage and pedestrian zones should be maintained as shown in Figure 4.
Signs placed on the second story, including projecting signs, are less likely to be effective in capturing the
attention of pedestrians especially where the second story is setback from the sidewalk. Wall signs on a
Monterey Blvd. to Cypress Ave. Landscape – Figure 3
Curb & furniture zone: 4.5-5'
Pedestrian zone: 6'
Building frontage zone: 1.5-2'
Building face Plan View
RRM Design Group 10/08, as modified by Hermosa Beach CD
RRM Design Group, 10/08
6
second story or the upper portion of the ground story may also be less visible to vehicles if obscured by
street tree canopies.
The zoning proposal increases projecting sign area and is more
flexible as to sign location (17.38.550.K). Although not required,
the code could require installation of projecting signs for new
development. The zoning standards could also require projecting
and/or other signage to be consistent with regard to specified
elements or a specified theme (sign board shape, logo, color,
size). However, the zoning proposal currently strives for
compatibility—but not sameness—among elements.
– Figure 4
Figure 5
Streetscape Sign Concept
RRM Design Group, 10/08
7
V. Modifications to proposal
The revised proposal is provided in Attachment 1 (Exhibit A of the resolution). The following noteworthy
modifications have been incorporated to ensure the amendment contains clearly understood and
enforceable standards, separates mandatory standards from permissive guidelines, clearly defines
thresholds at which standards or guidelines apply, and is consistent with or makes consistent the adopted
code as follows.
Summary of Modifications to Proposal – Figure 5
Section Change
17.38.540 – Uses
B. Permitted and
Conditional Uses
Restaurant (drive-in, drive-thru window, outdoor dining on public right-of-way or outdoor
walk-up window on public right-of-way is not allowed):
A cross reference is added, that dining on sidewalk is not allowed.
B. Permitted and
Conditional Uses
Restaurant with on-sale beer and wine closing not later than 10:00 p.m.:
The proposal incorporates allowance for on-sale beer and wine in conjunction with
restaurants that close by 10 p.m., based on the Commission's action on January 20,
2009 regarding on-sale establishment in general (17.38.540.B). This provision will
only be effective pending City Council’s adoption of the Zone Text Amendment allowing
this use by right.
C. Similar Uses
Permitted
Modified to cross reference same regulations in C zones.
D. Nonconforming Uses
and Structures
Modified so that existing residential uses can be maintained-- but not expanded.
17.38.550 – Development standards. (Subsections have been renumbered in some cases.)
A. Purpose Language regarding substantial conformance with permissive standards is deleted, and
the effect of permissive and mandatory standards has been clarified.
C. Location of Uses in
Buildings – Incentives
The incentives process has been streamlined and those incentives originally proposed
to be granted by Community Development Director – deferral of building fees and
additional signage for second story uses – have been deleted since additional second
story signage is proposed to be allowed for all establishments and deferral of fees
could be requested on a case by case basis.
Incentives granted by Planning Commission: The finding that the project will not
involve demolition or significant alteration of architecturally or historically significant
buildings is modified to reference buildings "that significantly contribute to the character
of upper Pier Avenue as determined by the commission." This change eliminates
confusion with Chapter 17.53 pertaining to protection of historical resources
C. Sale of Merchandise
(deleted)
This section was derived from langiuage applicable to the C-2 zone; however, it appears
that this section is unecessary. Pawn shops are specifically prohibited in the table of
uses.
D. Preservation of
Existing Buildings -
Incentives
This subsection was originally named "Protection of Historic Resources- Incentives"
(subsection L). It has been renamed and relocated following the provision of
incentives for location of uses in buildings. Reference to historic resources is deleted
to avoid confusion with Chapter 17.53. Per earlier Planning Commission discussion,
buildings need not be designated as landmarks in order to be eligible for incentives.
The section is modified so that any waiver of fees would require City Council approval.
E. Height and Number
of Stories
Mezzanines and semi-subterranean floors are addressed. In the previous proposal,
semi-subterranean floors or structures not exceeding 4' above average sidewalk
grade, but not more than 8' above the Pier Avenue sidewalk grade at any point, were
not counted as a story. In the revised proposal, semi-subterranean floors not
8
Section Change
exceeding 3' above the adjacent Pier Avenue sidewalk grade at any point within 20'
feet of the lot frontage line are not counted as a story. The change is more restrictive
at the front part of the lot, to ensure that visibility to the pedestrian is maintained.
G. Storefront Frontages The subsection has been reorganized to separate mandatory standards from
permissive guidelines.
H. Other Architectural
Standards
Minor modifications clarify mandatory standards versus permissive guidelines.
Item 4: Solar energy use: Section 17.38.550.H.4 is modified so that it is more clear that
all building should comply unless the Commission allows a deviation, and to focus on
exterior elements.
Item 5(b): Accessibility and visitability: The provisions are made mandatory for
projects requiring a precise development plan unless waived by the planning
commission.
I. Circulation and Parking Item 1: Modified to allow 4' wide sidewalks on the site, or 5' when a precise
development plan is required unless reduced by the Commission.
Item 2: The requirement that driveway and garage encroachments on alley or
secondary street frontages must be located at least 40' from the Pier Avenue lot
frontage line is reduced to 30' per Public Works Department recommendation. A size
for directional signs has also been added.
J. Pedestrian Amenities Requirements for trash/recycling facilities along street frontage for pedestrian use
deleted. Businesses must still supply trash and recycling facilities per Chapter 8.12.
K, L. Parcel
consolidation; Protection
of Historic Resources –
Incentives
Subsection K in the previous proposal is deleted because 'discouraging' parcel
consolidation is not mandatory and would be of no real effect. However, the essential
elements of the subsection (to discourage demolition and assemblage of parcels) are
incorporated into standards governing setbacks, placement of doors, glazing,
incentives to retain buildings, location of parking access, and other standards in
subsections D, G and H. (The previous subsection titled 'Protection of Historic Resources
– Incentives' is renumbered D as stated above.)
L. Landscaping This subsection has been reorganized into a more logical sequence.
Item 2: The previous section did not specify the percent or area of the lot that must be
landscaped. The proposal now requires that all areas not encumbered by
improvements must be landscaped, and 2% of the lot must be landscaped when a
precise development plan is required unless the Commission allows a reduction.
Provisions concerning landscape for smaller projects (500 square feet or more) are
made more specific.
Item 3: Planter width is decreased from 5', to 4' wide planting beds. The 5' wide
planter requirement adjacent to residential zones is maintained.
Item 4: Landscape areas shall consist of at least 75% pervious materials, rather than
being 'primarily' pervious.
Item 7: This subsection has been broadened by allowing various modifications to
improve stormwater control and urban runoff management.
Item 9: Specifies the Commission can require additional or more restrictive landscape
measures with a precise development plan.
M. Lighting Item 4 specifies the Commission can require additional or more restrictive lighting
measures with a precise development plan or conditional use permit.
O, P. Applicability of other
standards; Green Building
Standards
The order of these subsections has been switched. The language of the Green Building
Standards subsection is made more precise.
17.38.560 – Procedures
10
RESOLUTION NO. 09-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH RECOMMENDING CITY COUNCIL ADOPT AN ENVIRONMENTAL
NEGATIVE DECLARATION AND APPROVE A ZONING TEXT AMENDMENT TO
THE HERMOSA BEACH MUNICIPAL CODE AND ZONE CHANGE FROM C-2 TO
SPECIFIC PLAN AREA NO. 11 ENCOMPASSING PARCELS LOCATED NORTH
AND SOUTH OF PIER AVENUE BETWEEN VALLEY DRIVE AND PALM DRIVE.
The Planning Commission hereby resolves and orders as follows:
SECTION 1. The Planning Commission held duly noticed public hearings on October 21 and
December 3, 2008 and February 17, 2009 (TEXT 08-8 and ZON 08-2), at which time testimony and
evidence, both written and oral, was presented to and considered by the Planning Commission.
SECTION 2. The Planning Commission of the City of Hermosa Beach hereby finds the proposed
amendment to create a new base zoning district known as ‘Specific Plan Area No. 11’ (SPA-11,
commencing with Municipal Code Section 17.38.510 and related amendments will implement the Upper
Pier Avenue Final Report, the General Plan, Coastal Land Use Plan and is compatible with the City as a
whole in that it creates a pedestrian-oriented village center that serve both local residents, as well as
visitors, and protects the local character and historical architecture of upper Pier Avenue.
SECTION 3. In accordance with Hermosa Beach Municipal Code Section 17.66.060, the
Planning Commission finds that this zone text amendment is necessary to serve the public health, safety
and general welfare by providing standards and measures to increase 'green' practices and protect the
environment including the ocean environment, protect the local character and history and viewsheds, and
increase walkability. The text amendment is consistent with the General Plan because it provides a
comprehensive program that protects the local character and architecture, increases pedestrian activity,
protects viewsheds and aesthetics, protects the environment, and provides compatibility with adjoining
residential uses
SECTION 4. The Planning Commission concurs with the Staff Environmental Review
Committee’s recommendation of December 11, 2008, based on the Environmental Assessment/Initial
Study, that this project fully mitigates and will result in a less than significant impact on the environment
for the reasons stated in the Negative Declaration and Initial Study, a Negative Declaration has been
prepared in accordance with the California Environmental Quality Act, and the Department of Fish and
Game has made a "No Effect Determination" that the project will not impact fish or wildlife or the
habitat on which it depends. The Planning Commission hereby recommends City Council adopt the
Negative Declaration.
SECTION 5. Based on the foregoing, the Planning Commission hereby recommends that
the City Council approve the amendments to the Hermosa Beach Municipal Code set forth in Exhibit 'A'
and amend the City’s Official Zoning Map by changing the properties located on the north and south
sides of Pier Avenue between Valley Drive and Beach Drive from C-2 (Restricted Commercial) to SPA-
11 (Specific Plan Area No. 11) as shown on the attached map in Exhibit 'B.'
PASSED, APPROVED AND ADOPTED this 17th day of February, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
11
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 09-__ is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of
January 20, 2009.
__________________________ ___________________________
Ron Pizer, Chairman Ken Robertson, Secretary
__________________________
Date
12
EXHIBIT A
ZONING TEXT AMENDMENT TO THE HERMOSA BEACH MUNICIPAL CODE
SPECIFIC PLAN AREA NO. 11 - UPPER PIER AVENUE
1. Sections 17.38.510 though 17.38.560 shall be added to the Hermosa Beach Municipal Code to read as
follows:
17.38.510 Plan Area No. 11 – Authority.
This specific plan area is an instrument for implementing the general plan pursuant to Article 8, Chapter 3,
of the state Planning and Zoning Law.
17.38.520 Plan Area No. 11 – Location and description.
The subject area, known as 'Upper Pier Avenue', is located on the north and south sides of Pier Avenue
between Valley Drive and Palm Drive, within the downtown district. The area is designated as 'general
commercial 'on the official general plan map.
17.38.530 Plan Area No. 11 – Purpose.
The purpose of this specific plan area is to set forth the development requirements, standards and uses for
the subject area for the following purposes:
A. Create a pedestrian-oriented seaside village center of small-scale commercial establishments that attract
and serve local residents, in addition to visitors.
B. Protect the history and character of upper Pier Avenue and the city of Hermosa Beach.
C. Retain a 'sense of place' with buildings of diverse character that have been constructed over time,
reflecting use of local materials and changes in architecture and culture.
The SPA-11 zone is also intended to:
A. Strengthen the city's economic base, and protect small businesses that serve city residents.
B. Create a suitable environment for commercial uses and protect the available commercial land
resources from change to noncommercial land uses and from the adverse effects of inharmonious uses.
C. Minimize the impact of commercial development on adjacent residential districts.
D. Ensure that the appearance and effects of commercial building and uses are harmonious with the
character of a pedestrian-oriented seaside village.
E. Ensure the provision of adequate off-street parking, loading and pedestrian amenities.
F. Protect the environment, particularly air and ocean water quality, though green building, reduced
greenhouse gas emissions, energy, materials and water conservation, water quality protection, and other
sustainable measures.
17.38.540 Plan Area No. 11 – Uses.
A. General. The following permitted and conditional uses are intended to be consistent with the purposes
of this zone. Uses that support pedestrian activity should be prominent, including day time uses that serve
the local residents and community.
For definition of the listed uses see Section 17.04.060. “Pedestrian-oriented” means uses and activities
that attract, accommodate and are highly visible to people who are walking. Most prominent on the ground
13
floor are retail uses, restaurants or snack bars, and places for people to congregate, with offices, services
and business services on second stories."
B. Permitted and Conditional Uses. The following use classifications are allowed subject to the
requirements of this section and zone. In the following matrix, the letter "P" designates permitted use
classifications. The letter "U" designates use classifications permitted by approval of a conditional use
permit. Use classifications not listed are prohibited. Section numbers listed under "see section" reference
additional regulations located elsewhere in the zoning ordinance or this code, and others may apply.
In addition to the requirements in Chapter 17.44 of this Code, no conditional use shall be approved unless the
planning commission finds the use, and its location and design, are consistent with the purposes of this zone.
P = Permitted
U = Conditional Use Permit (CUP) required (See Chapter 17.40)
USE P or U See Section
Alcohol beverage establishments, on-sale U 17.40.080
Alcohol beverage establishment, off-sale -- (closing at 11:00 p.m. or earlier) P
Alcohol beverage establishment, off-sale -- (open between 11:01 p.m. and 2:00 a.m.) U 17.40.090
Aquariums, sales and supplies of marine life P
Art/antiques/curios gallery or shop P
Audio/video equipment and supplies, sales and repair P
Bakery P
Banks and financial institutions P
Barber/beauty shop P
Books/news/magazines, sales P
Billiard or pool halls U
Clinic, dental and/or medical P
Clothing and wearing apparel sales and service P
Copying and printing services and supplies P
Clubs, private U
Convention/meeting hall U 17.40.020
Day nursery, preschool U 17.40.110
Dancing, customer P
Department stores (maximum 4,000 square feet of floor area on ground floor) P
Department stores (more than 4,000 square feet of floor area on ground floor) U
Drugstore P
Entertainment, live U 17.40.020
Florist or plant shop P
Food and beverage market (maximum 4,000 square feet of floor area on ground floor) P
Furniture/furnishings, sales and display P
Garden equipment, small, hand-operated, sales and rentals P
Gymnasium/health and fitness center P
Hardware/home improvement store P
Hobby and craft supplies and service P
Household appliances/office equipment, sales and repair P
Interior decorating studio, store or shop P
14
USE P or U See Section
Florist or plant shop P
Large day spa U 17.04.050
Laundry business and dry-cleaning (including self-service) P
Locksmith business P
Massage therapy business U 17.40.160
Messenger service P
Massage therapy business U 17.40.160
Movie theaters U 17.40.020
Museums P
Music academy U 17.40.020
Musical instruments, retail and repair P
Offices, general P
Parking lots and /or structures U
Pet grooming, no overnight kennels P
Photography (equipment sales and service, film processing, studio) P
Printing and or publishing business, commercial P
Restaurant (drive-in, drive-thru window, outdoor dining on public right-of-way or outdoor walk-
up window on public right-of-way is not allowed) P
Restaurant with on-sale beer and wine closing not later than 10:00 p.m.1 P1 17.42.120
Restaurant with on-sale beer and wine closing later than 10:00 p.m.1 U1 17.40.080
17.42.120
Restaurant with on-sale beer and wine 2 U2 17.40.080
Reverse vending machine(s) U 17.40.120
Secondhand merchandise, retail sales (pawn shops are prohibited) P
Snack bar/snack shop P
Sporting/recreational equipment sales, service, and rental P
Supermarkets (more than 4,000 square feet of floor area on ground floor) U
Ticket broker/sales P
Tobacco store P
Toy store P
Wireless communication facility U 17.40.170
Youth Hostel U 17.40.150
Outdoor uses on private property: dining, merchandise displays, entertainment, or special
performances U
Temporary outdoor uses in conjunction with special event: merchandise displays, dining,
entertainment, special performances, parades
** 17.26.050(D)
*Allowed by special permit approved by city council on public street/right-of-way pursuant to Section 12.12.070 and
allowed on private property in conjunction with such special permit.
1 These uses are only effective pending City Council adoption of TEXT 07-3 distinguishing between restaurants with
on-sale alcoholic beverages that close by 10:00 p.m. and those that do not close by 10:00 p.m.
2 This use will be effective if the City Council does not adopt of TEXT 07-3 distinguishing between restaurants with
on-sale alcoholic beverages that close by 10:00 p.m. and those that do not close by 10:00 p.m.
15
C. Similar Uses Permitted. Use classifications not listed as permitted or conditional uses shall be
prohibited unless the community development director finds the use consistent with the purposes of the
zone, and similar to and not more objectionable than other uses listed, as provided in Section 17.26.040.
D. Nonconforming Uses and Structures. Nonconforming uses and structures shall be subject to the
provisions of Chapter 17.52, except as follows:
1. Residential uses. Residential uses in existence on the effective date of this section codified in this
chapter may continue, be remodeled or altered, provided that:
a. The number of dwelling units shall not be increased.
b. The continuation or alteration of residential uses located on the second story shall remain
limited to the second story, and no new residential uses shall be located on the ground floor.
c. Alteration or expansion of buildings or portions of buildings used for residential uses shall
conform to the standards of this zone, excluding Sections 17.38.550(G) and (H).
2. Nonconforming buildings (excluding residential uses).
a. Structural removal. Although not required, removal and replacement of building facades
should conform to 17.38.550(G) and (H) to the extent feasible. Modification or alteration of portions
of a structure nonconforming to front yard requirements if completely removed shall comply with
the requirement to place buildings close to the frontage line unless the community development or
planning commission when a precise development plan is required determines this requirement to
be infeasible.
b. Expansion shall conform to the requirements of this zone, including requirements to place
buildings close to the frontage line.
c. Determination of compliance with this section shall be made by the community development
director.
3. Nonconforming use limits other uses. Conforming uses may be established on lots or in
buildings with nonconforming uses, unless the community development director or planning
commission determines that said uses are incompatible.
17.38.550 Plan Area No. 11 – Development standards.
A. Purpose. Development shall be sited, designed, operated and maintained in a manner that achieves
and is consistent with the development standards and purposes of this zone. Provisions that are
encouraged but not required are indicated with words such as should, encouraged, although not required,
and if feasible.
B. Uses Conducted within Buildings or Enclosures. All uses shall be conducted wholly within a
building enclosed on all sides, except for the following:
1. Outdoor uses may be permitted by Conditional Use Permit as stated in Section 17.38.530.B.
2. Uses incidental to a use conducted primarily within a building located on the premises, as
determined by the community development director, provided that such incidental uses are not
conducted in whole or in part on sidewalks, public ways or within any required yard; and that such
incidental uses are of a type which cannot be economically or practically conducted within buildings.
Where incidental uses are not conducted within a building, no part of the area devoted to the incidental
16
uses shall be considered as part of the required parking facilities. All uses shall be substantially
screened from public visibility, public streets, parks or other public places, and public properties. Uses
within the meaning of this section include but are not limited to parking stalls, parking attendant booths,
solid waste and other enclosures.
3. Commercial parking lot.
4. Temporary outdoor merchandise display or outside dining in conjunction with a temporary outdoor
event such as a sidewalk sale authorized by the City Council by special permit as set forth in Section
12.12.070.
C. Location of Uses in Buildings - Incentives. Pedestrian-oriented uses are strongly encouraged to
locate on the ground floor, fronting Pier Avenue. Service, office and other non-pedestrian oriented uses are
encouraged to locate on the second story. When there is a mix of uses on the ground floor, the pedestrian-
oriented uses should be located so that the building façade, window displays and interior are highly visible to
pedestrians on the public sidewalk. The planning commission may grant incentives to facilitate this pattern
of uses pursuant to the procedures in this subsection.
1. Incentives. Deviation from one or more zoning standards that inhibit construction, alteration or
expansion of a second story for non-pedestrian oriented uses, or inhibit location of pedestrian-
oriented uses on the ground floor may be granted. Deviation from parking requirements shall not be
granted as an incentive.
2. Procedures.
a. Applications for incentives filed with the community development department shall include a
statement of incentives requested, statement of the specific relief that the incentive will provide, and
fee adopted by the city.
b. Procedures for the conduct of hearings, report of decision and findings, appeals, reapplication
upon denial, and revocation shall be in accordance with Section 17.38.560(B).
3. Findings. In granting incentives, the planning commission shall make all of the following findings:
a. The incentives will facilitate the ability to locate pedestrian-oriented uses on the ground floor
and/or offices or other non-pedestrian-oriented uses on the second story.
b. Any deviation from zoning standards is to the minimum extent necessary.
c. The incentives are consistent with the purposes of this zone.
d. The project will not involve demolition or significant alteration of a building that significantly
contributes to the character of Upper Pier Avenue as determined by the commission.
e. The incentives will not conflict with the provisions of, or be detrimental to, the general plan.
f. The incentives will not be materially detrimental to the public welfare or injurious to the property
or improvements in the vicinity and this zone.
The commission may place conditions on the granting of incentives to ensure that incentives
granted will be implemented consistent with the findings of approval and do not otherwise
constitute a grant of special privilege.
17
D. Conservation of Existing Buildings - Incentives. The conservation and continued use and reuse of
existing buildings that are iconic of and contribute to the character of upper Pier Avenue as a small-
scale, pedestrian-oriented village with diverse architectural character is encouraged through the
granting of incentives by the planning commission.
Buildings need not be designated as historic landmarks pursuant to Chapter 17.53 in order to be
eligible for the granting of incentives.
1. Incentives. Deviation may be granted from zoning standards, including parking requirements and in-
lieu fees, that inhibit ability to retain, restore or reuse an existing building determined by the planning
commission to be worthy of retention. Deviation from parking requirements may include:
a. A parking credit for the existing or prior use may be granted when a non-restaurant use less
than five thousand (5,000) square feet of gross floor area is changed to a restaurant use.
b. Parking spaces for office uses located on a second story may be located not more than one-
quarter (1/4) mile walking distance from the site, and/or on property not under the same ownership
as such office use. Where the parking is located off-site, the owners shall file with the community
development department a covenant approved by the city and recorded by the office of the Los
Angeles County Recorder for the improvement and maintenance of the required parking facilities
for the use specified.
c. Building sites where buildings will exceed gross floor area to building site area ratio of one to
one (1:1) may pay an in-lieu fee for all the required on-site parking spaces.
d. Other parking modifications or reduction of in-lieu parking fees.
2. Procedures.
a. Applications for incentives filed with the community development department shall include a
statement of incentives requested, statement of the specific relief that the incentive will provide,
evidence that the building is worthy of retention, and fee adopted by the city.
b. Procedures for the conduct of hearings, report of decision and findings, appeals, reapplication
upon denial, and revocation shall be in accordance with Section 17.38.560(B).
3. Findings. In granting incentives the planning commission shall make all of the following findings:
a. The conservation of the existing building will contribute to the character of upper Pier Avenue
and advance the purposes of this zone set forth in Section 17.38.530, or the building has been
designated by a state or federal agency or the city council as a landmark pursuant to Chapter
17.53.
b. The project will not result in significant alteration of the building. "Significant alteration" means
changes or modifications that adversely alter, affect or destroy exterior architectural features or the
essential elements that make the building worthy of protection.
c. Any deviation from zoning standards is to the minimum extent necessary.
d. The incentives are consistent with the purposes of this zone.
e. The incentives will not conflict with the provisions of, or be detrimental to, the general plan.
f. The incentives will not be materially detrimental to the public welfare or injurious to the property
or improvements in the vicinity and this zone.
The commission may place conditions on the granting of incentives to ensure that the project and
incentives granted will be implemented consistent with the findings of approval. The granting of
18
parking incentives may be accompanied by reasonable requirements to provide additional pedestrian
or other transportation amenities. The future significant alteration of the building shall not be approved
by the city unless and until any fees waived or reduced by the city pursuant to this section have been
paid. Parking incentives granted shall not be credited toward any future use of the property. An
affidavit evidencing such conditions approved by the city and recorded by the office of the Los Angeles
County Recorder shall be filed with the community development department.
4. Any waiver or reduction of in-lieu parking or other fees shall be in the form of a recommendation to
the city council, which shall make the final determination pursuant to Section 17.38.560(B).
E. Height and Number of Stories. Buildings shall be oriented and designed so as to improve the
pedestrian environment and not overwhelm the sidewalk.
1. No building shall exceed a maximum height of thirty (30) feet. No building shall exceed two (2)
stories.
2. The ground floor of a two story building, or any one story building, shall not exceed sixteen (16)
feet in height, provided that parapets and other screens to conceal rooftop apparatus and roof deck railings
may exceed this limit to the minimum extent necessary as determined by the community development director.
3. The second story of buildings on the Pier Avenue frontage shall be set back a minimum of:
a. Five (5) feet from the face of the ground floor façade along at least fifty (50) percent of the
facade length, provided building height does not exceed twenty-five (25) feet; or
b. Ten (10) feet from the face of the ground floor façade along at least fifty (50) percent of the
facade length if building height exceeds twenty-five (25) feet.
4. The following shall not be counted as a story:
a. Mezzanines that cover less than one-third of the floor area of the story immediately below it.
b. Semi-subterranean floors not exceeding three (3) feet above the adjacent Pier Avenue
sidewalk grade at any point within twenty (20) feet of the lot frontage line.. This provision is
intended to provide flexibility in design to accommodate to changes in slope and shall not
supersede the requirements in Subsections 17.38.550(G)(2) and 17.38.550(G)(3) enabling
storefront visibility to the pedestrian.
19
F. Building Location and Setback Requirements.
1. Front Yard: Buildings shall be located close to the front lot line along Pier Avenue as follows.
Building facades shall be oriented approximately parallel to the Pier Avenue frontage so that the building
façade, window displays and interior are highly visible to pedestrians on the public sidewalk as provided
in this subsection. Buildings shall not be located more than six (6) feet distant from the Pier Avenue lot
frontage along fifty (50) percent of the length of the frontage. The distance from the frontage line may
be increased up to twelve (12) feet for elements oriented to the pedestrian, such as prominent entryways,
awning and gallery frontages, patios, benches, or planters with approved landscape to shade benches or
the sidewalk.
2. Alley Setback. Setbacks shall conform to Section 17.44.130.
3. Rear and Side Yard Setback Adjacent to Residential Zones.
a. A minimum rear and/or side yard setback of five (5) feet shall be provided, except where public
rights-of-way twenty (20) feet or greater in width separate the site from the residential zone.
b. Existing commercial buildings that do not comply with residential setback requirements shall
not be considered nonconforming, and may be remodeled or expanded as long as new
construction conforms to the requirements of this zone.
20' 3'
semi-subterranean floor not a story if
max. 3' above adjacent sidewalk grade
within 20 ' of lot frontage line
(portions >20' from frontage line may
exceed 3' above sidewalk grade)
sidewalk
30' max. ht: 10' setback*
25' max. ht: 5' setback*
(*set back from
ground floor
façade
16' max. height: ground floor
(12' min. within 3' of sidewalk)
3' max. projection, 8' min. clearance over sidewalk
Illustration of Height and Stories
This graphic is intended to illustrate standards and
is not a substitute for the written text.
(parapet 30' max. height, individual
screens may exceed height)
20
G. Storefront Frontages. Building facades fronting Pier Avenue shall be designed as storefronts to
facilitate pedestrian activity.
1. Facades shall have a prominent entryway easily accessible from the sidewalk and compliant with
the Americans With Disabilities Act of 1990, as amended.
Although not required, primary entrances are encouraged be situated at the corner of buildings located
at street intersections.
The first story of buildings located within three (3) feet of the sidewalk shall be a minimum height of
twelve (12) feet above sidewalk grade to accommodate awning or gallery frontage types.
Projections over the sidewalk shall provide a minimum of eight (8) feet of vertical clearance from the
sidewalk, and not extend closer than two (2) feet to the curb, subject to approval of an encroachment
permit as set forth in Chapter 12.16.
Awning Gallery
screen trash
from street/
dwellings
parking
driveway: 30' min.
from Pier Ave.
alley or
secondary st
10'
min. 30" high
streetscreen
min. 5' wide walkways
(may be reduced if infeasible)
existing parking
0' side/rear setback 5' min.
commercial zone residential zone
3'- 8' vision clearance
above curb grade lot frontage
sidewalk
Pier Avenue
6' max. setback,
12' max. patios/entrances, etc.
(along 50% of frontage)
minimize
driveway width
This graphic is intended to illustrate standards and
is not a substitute for the written text.
Illustration of Setbacks and Site Layout
21
Although not required, awning or gallery frontage types are encouraged along Pier Avenue to provide
shade and building articulation. The planning commission may require awning frontage types in
conjunction with a precise development plan.
2. Doors fronting Pier Avenue shall be at sidewalk grade or at finished grade of the adjacent access
way, spaced on average no farther than thirty (30) feet apart, and operable. Openings between
buildings with publicly accessible walkways leading to courtyards, businesses or alleys may be counted
as doorways when calculating this spacing. Out-swinging doors or windows encroaching on the
sidewalk require approval of an encroachment permit as set forth in Chapter 12.16
Door walls and features that open to the sidewalk creating accessibility and visibility to the pedestrian
are encouraged but not required.
3. On the ground floor façade fronting Pier Avenue, glazing shall cover at least seventy (70) percent
of that area of the facade located between three (3) feet and eight (8) feet in height. "Glazing" means a
transparent part of a wall, typically made of glass or plastic. Minor modifications to the location of
glazing on the façade may be approved by the community development director to maximize visibility
for the pedestrian on the sidewalk. Glazing shall be substantially transparent (e.g., 90% light
transmission). Specialty windows may use stained or opaque glass.
Buildings located at street corners are encouraged but not required to continue the glazed area on the
elevation facing the secondary frontage.
sidewalk
screen rooftop elements
16' max.:
ground floor
Illustration of Storefront Frontages
30' max.
door at corner/
continue glazing
around corner
glazed area: 70%
of façade, 3'– 8'
operable doors spaced 30' on average
O' setback preferred/ zero-step entrance
first & second story
canopies, windows,
patios provide interest
This graphic is intended to illustrate standards and
is not a substitute for the written text.
22
H. Other Architectural Standards. The architectural character of Pier Avenue reflects Hermosa Beach's locale
and historic development patterns. Consistent with Hermosa Beach's eclectic architecture, compatibility and variety,
among styles and elements, rather than uniformity, is desirable along Pier Avenue.
1. Building mass, facades and roof lines shall be varied and articulated to reduce the appearance of
bulk and mass, and maintain pedestrian scale and visual interest from the public sidewalk. Long,
straight facades and blank elevations visible from Pier Avenue are not allowed. Facades and
elevations shall be designed with openings and elements that provide relief or articulation,
incorporating one or more of the following: cornices, parapets, eaves, awnings or canopies, balconies,
entry or patio insets, or similar features. Second stories shall incorporate windows and one or more
architectural elements (e.g., balconies, planter boxes, awnings). All exposed elevations, including rear
and side elevations, shall be designed for compatibility..
2. Franchise architecture conflicts with local character and is not allowed. "Franchise architecture"
means building design that is trademarked, branded or identified with a particular chain, corporation or
business. Franchise architecture can be avoided by altering scale, proportion, branded element
locations, colors, or incorporating locally recognizable elements. In addition, franchise signage shall
not overwhelm the building or site. This provision does not prohibit chain, franchise or formula
businesses within the specific plan area.
Surfaces shall be painted, treated or otherwise exhibit a finished look. Multiple storefronts with a common
facade or appearance shall be coordinated, but should not be identical. Synthetic material, such as
hardboard siding, shall very closely simulate the natural material and have equal or better weathering
characteristics. Exposed concrete block, corrugated metal, chain link fencing, and similar materials that
present an unfinished or industrial look shall not be used on any building or wall visible from a public
street or alley, except as accents.
Although not required, exterior colors should be characteristic of natural building materials and
compatible with the surroundings, without being identical. Vandalism resistant finishes are preferred.
3. Elements of poor visual quality (e.g., rooftop mechanical devices, loading, service areas, utilities)
shall be sited, designed and screened compatible with site elements to minimize visibility from Pier
Avenue. Siting, design and screening shall also minimize visual, noise and air quality effects on nearby
residential uses. Flat roofs shall be enclosed by parapets a minimum of forty-two (42) inches high to
conceal rooftop apparatus; screening around individual rooftop elements may exceed the height limit
consistent with Section 17.46.010 to the extent necessary to conceal rooftop apparatus, to the
satisfaction of the community development director.
4. Solar orientation. Projects that require a precise development plan shall incorporate the following
elements to facilitate passive and active solar energy use unless found by the planning commission to
be infeasible or inapplicable due to site conditions:
a. Design and orientation to accommodate solar collection systems.
b. Install cool roofs.
c. Install deciduous vegetation, overhangs, awnings or other features to protect south/west faces
and/or improvements to moderate interior temperatures.
Although not required, smaller projects should be designed to maximize opportunities for passive and
active solar energy use.
23
5. Accessibility and visitability.
a. Design and operation of development shall comply with the Americans With Disabilities Act of
1990. and to the extent practical other requirements that facilitate physical accessibility for all
persons such as universal design principles.
b. Projects that require a precise development plan shall incorporate the following elements to maximize
accessibility to all persons unless found by the planning commission to be infeasible due to site
conditons. A minimum of one (1) zero-step entrance to each building from an accessible path from
the sidewalk and handicap parking space to the front, side or rear of each building shall be
provided. All ground floor interior doors (including bathrooms) shall provide at least thirty-two (32)
inches of clear passage. One (1) half-bath (toilet and sink) shall be provided on the ground floor of
each building.
Although not required, smaller projects including second story businesses and facilities, should
maximize accessibility by incorporating the elements above.
I. Circulation and Parking. Development shall be designed to maximize pedestrian circulation among
buildings, lots, and the street, coordinated with vehicular circulation.
1. Accessible sidewalks and pedestrian ways a minimum of four (4) feet wide shall be provided
connecting buildings with the street, parking and other buildings. Pedestrian ways not illuminated by
street lighting fixtures shall be provided with security lighting.
Pedestrian ways for projects that require a precise development plan shall be increased to five (5) feet
in width unless the planning commission determines the requirement to be infeasible.
2. Parking location. Parking lots and parking structures shall be screened from visibility from Pier
Avenue by buildings, and be accessed from alleys or secondary streets where available. Driveway and
garage encroachments on alley or secondary street frontages shall be located at least thirty (30) feet
from the Pier Avenue lot frontage line. Encroachments shall not exceed the required minimum width of
nine (9) feet per lane. Directional signage to parking not readily visible from Pier Avenue shall be
provided not to exceed a total area of four square feet per face and ten feet from grade to the highest
portion of the sign body.
3. Surface parking lots. Surface parking visible from Pier Avenue shall be screened by buildings or by
streetscreens (landscape that provides screening, fences or walls, or combination thereof) in
compliance with the following requirements.
a. Streetscreens shall be a minimum height of three (3) feet compatible with building or site
elements. Streetscreens exceeding three (3) feet, but not more than four (4) feet in height, may be
allowed at the discretion of the community development director or planning commission if at least
thirty (30) percent permeable (e.g., openings encompassing 30% of the face) and well articulated
to avoid a walled effect, and provided vision clearances set forth in Section 17.46.060 are
maintained.
b. Streetscreens incorporating planters shall comply with Subsection 17.38.550(L).
c. Streetscreens shall have openings no wider than necessary to accommodate required
driveways and pedestrian access ways.
24
d. Streetscreens shall be installed in conjunction with development or redevelopment exceeding
five hundred (500) square feet of floor area or lot area.
4. Parking structures. Parking structures shall be located to the rear of buildings fronting Pier
Avenue. Monotonous, blank or unarticulated elevations, or levels with exposed parking shall not be
visible from Pier Avenue, and visual effects to adjacent residential use shall be minimized. Mass,
elevations and parked cars may be visually masked through design, stair towers, canopies and other
screening techniques. Signs or other warning devices shall be installed at semi-subterranean garage
entrances/exits to protect pedestrians. Ventilating systems shall be located and insulated to minimize
noise and air quality impacts to surrounding uses, particular residential uses, to the satisfaction of the
community development director.
6. Secure bicycle parking facilities shall be supplied at the rate of one (1) space per seven (7)
employees or three thousand (3,000) square feet of floor area. Bicycle facilities installed onsite shall
not be placed within required pedestrian ways. Where facilities cannot be accommodated onsite as
determined by the community development director or planning commission, the developer shall pay a
commensurate fee adopted by the city for the provision and installation of bicycle parking facilities
along Pier Avenue in a manner determined by the public works director. ‘Secure’ facilities means firmly
attached devices in well-lit locations, protected from rain if feasible.
7. Off-street parking requirements shall otherwise conform to Chapter 17.44, including those applicable
to the downtown district, except as modified by the granting of incentives as set forth in Section
17.38.550(D).
J. Pedestrian Amenities. Pedestrian amenities are desirable for the comfort and security of pedestrians.
“Pedestrian amenities” mean any facility or feature that facilitates or increases the desirability of
walking, such as sidewalks and pedestrian ways, canopies or shade trees, outdoor places for
pedestrians to congregate, seating, and security lighting and signage designed at the human scale and
oriented to people walking.
1. Pedestrian amenities shall be provided in conjunction with the development or redevelopment
exceeding five hundred (500) square feet of floor area or lot area. The planning commission may
require additional pedestrian amenities related to the type or intensity of use in conjunction with a
precise development plan, conditional use permit or parking plan.
2. One (1) bench visible from and accessible to the sidewalk and one (1) tree with irrigation to shade
the sidewalk for each fifty (50) feet of lot frontage on Pier Avenue shall be supplied. Where frontage is
less than fifty (50) feet, these amenities are not required. Where the amenities cannot be
accommodated onsite as determined by the community development director or planning commission,
the developer shall pay a commensurate fee adopted by the city for provision and installation of such
amenities along Pier Avenue as determined by the public works director.
K. Signs. Signs shall conform to Chapter 17.50, including standards for commercial zones, and
specifically the C-2 zone. The following signs are additionally allowed:
1. Wall signs. One (1) wall sign per building may be located on a secondary frontage when there is no
entrance/exit open to the public, not to exceed six (6) square feet in area.
25
2. Projecting signs. One (1) additional nonilluminated projecting, arcade or hanging business
identification sign for each business visible to pedestrians is permitted to be hung over or near an
entryway. The sign shall not exceed six (6) square feet per face. Signs projecting over the public
sidewalk shall be located at least eight (8) feet in height above the sidewalk and not project outward
more than three (3) feet, subject to approval of an encroachment permit as set forth in Chapter 12.16.
L. Landscaping. Landscaping shall be designed and employed on the site to shade pedestrian ways,
conserve energy and reduce urban heat absorption, retain onsite and filter rain water, and enhance the
overall project including building design and the streetscape.
1. Existing trees and plants shall be protected, unless determined by the community development
director or planning commission to be infeasible.
2. All lot areas not encumbered by buildings, required parking, and amenities required by this zone
shall be landscaped and permanently maintained in an attractive manner. Projects for which a precise
development plan is required shall provide a minimum of two (2) percent of the lot area in landscape
unless a reduced percentage is authorized by the planning commission.
In addition, new development and redevelopment of at least five hundred (500) square feet of the
surface area of the lot shall in the development area provide landscape, or increase conformance of
existing landscape on the lot with this subsection, unless the community development director
determines it to be infeasible.
3. Landscape may consist of lot perimeter, streetscreen, parking lot median, and other planters a
minimum of four (4) feet wide, installed with live plants, compliant with the requirements of this section.
One (1) five-gallon shrub shall be provided for each twenty (20) square feet of landscaped area.
Adjacent to residential zones, the required rear and/or side yard area shall be provided with a minimum
five (5) foot wide planter strip landscaped with a minimum of one twenty-four (24) inch or fifteen (15)
gallon size specimen tree for every ten (10) feet of length, unless an alternative consistent with the
provisions of this subsection (L) is approved by the community development director or planning
commission.
4. Landscape areas shall consist of at least seventy-five (75) percent pervious materials. Planting
beds shall be mulched to a depth of two (2) inches or greater, and installed with live plants.
Landscaping shall be perpetually maintained, trimmed and void of weeds. Landscape shall not impair
vehicular sight distance or encroach on the public right-of-way or pedestrian ways.
5. Landscape shall consist primarily of species tolerant of drought and urban site conditions (e.g.,
constrained root area, compacted soil, reflected heat, urban runoff) and other localized site elements.
No species listed by the Invasive Plant Inventory of the California Invasive Plant Council or equivalent
authority accepted by community development director shall be planted.
Trees species installed in planters adjacent to the public sidewalk shall be subject to the approval of
the public works director.
Although not required, native species should be used, deciduous trees should be used to shade
southern and western exposures unless equivalent energy conservation features are employed, and
species selected should not exceed thirty (30) feet in height at maturity under local site conditions.
6. All landscaped areas shall include an automatic water-conserving irrigation system that adjusts for
26
hydrozones and seasons. Reclaimed water shall be used when available. Plans shall demonstrate a
water budget that conforms to the California Department of Water Resources’ ‘Model Water Efficient
Landscape Ordinance’ or a local ordinance, whichever is stricter.
7. Six (6) inch high raised curbs shall be provided along the perimeter of all landscaped areas except
on the side abutting building walls or fences. Modifications for stormwater and urban runoff
management (e.g., curb inlets, at-grade planters) may be allowed to specifications approved by the
building official or city engineer as applicable.
8. Landscape plans and irrigation systems shall be reviewed and approved by the community
development director.
9. The planning commission may require additional or alternative measures in conjunction with a
precise development plan or conditional use permit to further the purposes of this section and ensure
that landscaping is compatible with the scale and design of the streetscape and site elements.
M. Lighting. Lighting standards are intended to promote energy conservation and reduce the adverse
effects of lighting on health and safety, neighboring uses, nocturnal environments and enjoyment of the
nighttime sky, while providing appropriate light for safety and security.
1. Walkways, entrances, pedestrian spaces and parking facilities shall be adequately lit for safety and
security. All lighting installations shall be designed and installed to be high-efficiency, fully shielded (full
cutoff) and down cast (emitting no light above the horizontal plane of the fixture), and shall have a
maximum lamp wattage of two hundred fifty (250) watts incandescent for commercial lighting, and one
hundred (100) watts incandescent or twenty-six (26) watts compact fluorescent for residential lighting.
Light fixtures shall not create glare, spill beyond the property lines or shine toward the night sky. Yellow
spectrum lamps such as sodium lamps are prohibited on private property. Exceptions are allowed to
comply with building, fire and city codes, and for signs, shielded landscape lighting not more than three
(3) feet above grade, and temporary holiday or similar lighting.
2. Exterior lighting, excluding security lighting not more than three (3) feet above grade, shall be
extinguished within one hour after close of business. Automated external lighting controls shall be
used to extinguish lights prior to dawn.
3. Light fixtures shall be designed and installed so the light is reflected away from any dwelling unit and
the lamp bulb is not directly visible from within any residential unit.
4. Lighting fixtures shall be designed and installed so that lamp bulbs are not directly visible to and do
not shine into the eyes of pedestrians on sidewalks or pedestrian areas.
4. The planning commission may require more restrictive measures in conjunction with a precise
development plan or conditional use permit to further the purposes of this section and ensure that
lighting is appropriate to its purpose, and compatible with the scale and design of the streetscape and
site elements.
N. Stormwater and Urban Runoff Pollution Control. In addition to the stormwater and urban runoff
pollution control regulations in Chapter 8.44, development and redevelopment creating or adding at
least five hundred (500) square feet of impervious surfaces shall submit and implement a stormwater
management plan of best management, good housekeeping, structural and treatment practices that
27
are practical and feasible as determined by the public works director or building official as applicable,
considering:
1. Use of pervious surfaces and/or reduction of hardscape (e.g., patios, parking stalls, landscape).
2. Onsite stormwater infiltration (e.g., drains to pervious surfaces, rain barrels, curb inlets to below or
at-grade planters, drainage basins, filters).
3. Other measures set forth in Sections 8.4.060 through 8.4.095.
O. Applicability of other standards. All other development standards shall be governed by the city
zoning ordinance. When uncertainly over applicability of requirements exists, standards applicable to
commercial development, and more specifically the C-2 zone, shall apply; provided that the regulations in
Chapter 17.26 do not apply unless specifically referenced within the regulations for this zone.
P. Green Building Standards. Although the following standards are not required, applicants are
encouraged to incorporate other green site and building elements into development projects, to minimize the
impact of development and building on the environment, its occupants and the community, such as:
1. Incorporate water quality and stormwater control measures such as those in Chapter 8.44
(Stormwater and Urban Runoff Pollution Control Regulations). .
2. Reduce energy use and exceed the minimum energy standards of the California Energy Standards
(Title 24, Part 6, California Code of Regulations) by at least fifteen (15) percent.
3. Reduce water use and exceed the minimum potable water standards in the California Plumbing
Code by at least fifteen (15) percent.
4. Utilize recycled materials and exceed the demolition/construction recycling requirements by at least
fifteen (15) percent.
5. Install solar collection and/or solar hot water heating systems.
6. Utilize measures for healthy interior environments (e.g., low volatile organic compound finishes,
flooring, cabinetry.)
7. Install grey water recycling systems and/or use of available reclaimed water.
8. Compliance with GreenPoint Rated Checklist (Build-It Green), Leadership in Energy and
Environmental Design (LEED), International Code Council (ICC 700) Green Building Standards, or
comparable green rating system measures as determined by the community development director, as
applicable or adapted to commercial development.
Projects for which a Leadership in Energy and Environmental Design (LEED) 'Certified' standard, or other
equivalent as determined by the community development director, is demonstrated shall be eligible for
priority permit processing, promotion on the City's green building website, use of City-approved green
building logo as part of allowed construction signage and in its promotional materials, and other green
building incentives which may be adopted by the City and made applicable to this zone.
17.38.560 Plan Area No. 11 – Procedures.
28
A. Procedures Generally. Procedures for conditional use permits, variances, precise development
plans, zone changes, amendments, parking plans, signs, development agreements, determination of
legality of nonconforming residential buildings, and other entitlements under this title shall apply, except as
specified within the regulations for this zone.
B. Request for Incentives. Applications requesting incentives provided for in Sections 17.38.550(C) and
17.38.550(D) shall additionally conform to the following procedures:
1. Public comments or hearing. The applicant shall provide notice a minimum of ten (10) days before
a hearing on an application for request for incentives. The method of notice will be established by
resolution of the city council. The date of the hearing shall be set by the community development
department. The date must be a minimum of ten (10) days and a maximum of forty (40) days from the
date the application is accepted as complete.
2. Report of decision and findings--Disposition of report. The planning commission shall issue the
report of decision and findings for requests for incentives. The written report shall be issued within forty
(40) days of the conclusion of the hearing on the request for incentives application. The report shall
include a decision granting, denying or granting with conditions the request for incentives, the required
findings, and an indication that the planning commission's decision shall become final if not appealed
within fifteen (15) days of the issuance of the report of decision and findings. A copy of the report of
decision and findings shall be sent to the name and address shown on the application. Reports shall be
numbered consecutively in the order of filing, and kept as a permanent record.
Notwithstanding, the commission's decision on any request for a reduction in or waiver of in-lieu
parking fees or other fees required by the city shall be in the form of a resolution of recommendation to
the city council. The council shall conduct a duly noticed public hearing a maximum of forty (40) days
following receipt of the resolution from the planning commission, public notice of which shall be given at
least ten calendar days prior to said hearing in accordance with requirements established by resolution
of the council. The council's decision shall be final and conclusive. A copy of the report of decision and
findings shall be sent to the name and address shown on the application.
3. Appeals--Filing, fees procedure. Appeals of the Planning Commission decision shall be in writing,
including the specific areas of disagreement with the planning commission's decision. Fees for appeals
will be established by resolution of the city council. Appeals shall be filed with the city clerk's office in
writing within fifteen (15) days of the planning commission's issuance of a report of decision and
findings. When an appeal is filed, the planning commission shall transmit the record of the case to the
city council. The city council shall conduct a public hearing in accordance with Chapter 17.68 (applying
the procedures applicable to variances). Such hearing shall be held within forty (40) days of the
council's receipt of the written appeal. The city council shall announce its findings within sixty (60) days
of the hearing, unless good cause is found for an extension. The council may incorporate by reference
the findings of the planning commission. The council's action shall be final. Within thirty (30) days of its
final decision, the city clerk shall mail notice to the applicant and appellant. A copy of this notice shall
be included in the planning commission's permanent files.
4. Reapplication upon denial. After the denial of a request for incentives has become final, no further
application for the same request for incentives shall be filed for the same property for the ensuing six
(6) months, unless the project has been redesigned so as to eliminate the planning commission's or
city council's previous objections to the project. Said redesign will require a new application process.
29
5. Revocation—Causes—Hearing. Any incentives granted may be revoked by the planning
commission for any of the following causes:
a. That any term or condition has not been complied with.
b. That the property for which the incentives have been granted is used or maintained in violation
of any statute, law, regulation or condition of approval.
c. That the project or use for which the incentive was granted has not been exercised for at least
twelve (12) consecutive months, or has ceased to exist, or has been abandoned.
d. That the project for which the incentives were granted has been so exercised as to be
detrimental to the public health or safety or so as to constitute a nuisance. A hearing to show cause
why the incentives should not be revoked shall be held by the approving body prior to the
revocation of any incentives granted.
2. Section 17.06.010 of the Hermosa Beach Municipal Code shall be amended by amending the introductory
paragraph and adding Specific Plan Areas to the list of zones as follows:
17.06. 010 Names of zones.
In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict
the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings
and to regulate the destiny of population, sixteen (16) fifteen (15) classes of zones are by this ordinance
established to be known as follows:
SPA Specific Plan Areas
3. Section 17.44.120 of the Hermosa Beach Municipal Code shall be amended to read as follows:
17.44.120 Driveways.
Off-street automobile parking facilities shall be provided with driveways providing vehicular access to such
facilities from a public street or alley as follows:
A. The minimum driveway width shall be nine feet, clear of all obstructions.
B. All driveways and parking spaces shall be paved with not less than three and one-half six inches of
portland cement concrete, except that when supported by a selected rock base which is acceptable to the
chief building inspector for the type of soil upon which it is constructed, driveways may be paved with a
minimum of three two inches of asphaltic concrete. Pervious concrete or similar material and drainage
facilities may be alternatively installed for driveways and parking areas, or portions thereof, to specifications
approved by the building official and/or city engineer as applicable. Where practicable, surface runoff shall
drain into an adjacent pervious area on the property to maximize infiltration.
4. Section 17.44.160 of the Hermosa Beach Municipal Code shall be amended to read as follows:
17.44.160 Required improvement and maintenance of parking area.
30
Every lot or area used for a public or private parking area shall be developed and maintained in the
following manner:
A. Surface Parking Area.
1. Off-street parking areas shall be paved with not less than two three-inch asphaltic or three and one
half six-inch portland cement concrete surfacing and maintained so as to eliminate dust or mud and
shall be so graded and drained as to dispose of all surface water. Pervious material with drainage
facilities may be alternatively installed for driveways and parking areas, or portions thereof, to
specifications approved by the building official or city engineer as applicable. Where practicable,
surface runoff shall drain into an adjacent pervious area on the property to maximize stormwater
retention and filtration. In no case shall drainage be allowed across sidewalks or driveways, except
residential use.
2. Designated parking spaces shall be indicated with paint or approved stripping material on the
surface of the parking area.
B. Border Barricades, Screening and Landscaping.
1. Off-street parking area that is not separated by a fence from any street, alley or property line upon
which it abuts, shall be provided with a suitable concrete curb or timber barrier of dressed
dimension stock not less than six inches in height, located not less than two feet from such street
or alley property lines, and such curb or barrier shall be securely installed and maintained; provided
no such curb or barrier shall be required across any driveway or entrance to such parking area.
Modifications for stormwater and urban runoff management (e.g., curb inlets) may be allowed to
specifications approved by the building official or city engineer as applicable. Where practicable,
surface runoff shall drain into an adjacent pervious area on the property to maximize infiltration.
2. Any unenclosed off-street parking area abutting property located in one of the R zones shall be
separated from such property by a solid masonry wall six feet in height measured from the grade of
the finished surface of such parking lot closest to the contiguous R zone property; provided, that
along the required front yard, the solid masonry wall shall not exceed forty-two (42) inches in
height. No such solid masonry wall need be provided where the elevation of that portion of the
parking area immediately adjacent to an R zone is six feet or more below the elevation of such R
zone property along the common property line.
C. Lighting. Light fixtures shall be high-efficiency, fully shielded (full cutoff) and down cast (emitting no light
above the horizontal plane of the fixture), and not create glare or spill beyond the property lines. Any lights
provided to illuminate any off-street parking area or used car sales area permitted by this ordinance shall
be arranged so the light is reflected as to reflect the light away from any street or premises upon which a
dwelling unit is located and the lamp bulb is not directly visible from within any residential unit.
5. Section 12.16.010 of the Hermosa Beach Municipal Code shall be amended to read as follows:
12.16.100 Commercial Outdoor Dining -- Exception for Pier Avenue.
Notwithstanding the provisions of Section 12.16.060 and 12.16.090, a conditional use permit shall not be
required for commercial outdoor dining on Pier Avenue between Pacific Coast Highway and the Strand,
excluding Specific Plan Area No. 11 (Upper Pier Avenue) wherein outdoor dining on the public right of way
is not allowed, as long as the conditions set forth in Section 12.16.090 are satisfied and the outdoor dining
facility complies with design standards adopted by resolution of the City Council.
31EXHIBIT B ZONE CHANGE
E N G I N E E R S
X
EXISTING BUILDING
CONCRETE
BRICK
WOOD DECK
106.76 EXISTING ELEVATION
BLOCK WALL
LEGEND
100 EXISTING CONTOUR
FINISH FLOOR
GARAGE FINISH FLOOR
LEAD AND TAG
TOP OF CURB
FLOW LINE
TOP OF WALL
TOP OF DRIVEWAY APRON
BEGINNING OF CURB RETURN
SPIKE
FOUND
WESTERLY
PROPERTY CORNER
FF
GFF
L&T
TC
FL
TW
TX
BCR
SPK
FD
W'LY
PC
X EXISTING FENCE
NORTHERLYN'LY
SPIKE AND WASHERS&W
POWER POLEPP
GUY WIREGW
STK STAKE
PROPERTY LINEPL, P/L
E'LY EASTERLY
MH MANHOLE
SOUTHERLYS'LY
WATER METERWM
NOTE: 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.
OF SHEETS
SHEET NO:
DRAWN BY:
PERMIT DATE:
PRINT DATE:SHEET TITLE:David Watson, Architect expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third partywithout first obtaining the express written permission and consent of David Watson, Architect.Revisions
PROJECT:A-1-a
WWW.WATSONARCHITECT.COM
MANHATTAN BEACH
SUITE 31
2100 N SEPULVEDA BLVD
CALIFORNIA 90266
Telephone 310 546 0044
dave@watsonarchitect.com
Facsimile 310 546 9698
DENN SURVEYDUNHAM STEWARTHERMOSA BEACH, CA.2722 HERMOSA AVENUE
108
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ELEVATION POINT USEDTO CALCULATE HEIGHT
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OF SHEETS
SHEET NO:
DRAWN BY:
PERMIT DATE:
PRINT DATE:SHEET TITLE:David Watson, Architect expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third partywithout first obtaining the express written permission and consent of David Watson, Architect.Revisions
PROJECT:A-1-b
WWW.WATSONARCHITECT.COM
MANHATTAN BEACH
SUITE 9
2100 N SEPULVEDA BLVD
CALIFORNIA 90266
Telephone 310 546 0044
dave@watsonarchitect.com
Facsimile 310 546 9698
TOPOGRAPHIC PROFILEANALYSIS1/4" = 1'-0"
SOUTH P.L. TOPOGRAPHIC
1/4" = 1'-0"
NORTH P.L. TOPOGRAPHIC DUNHAM STEWARTHERMOSA BEACH, CA.2722 HERMOSA AVENUE
E N G I N E E R S
X
EXISTING BUILDING
CONCRETE
BRICK
WOOD DECK
106.76 EXISTING ELEVATION
BLOCK WALL
LEGEND
100 EXISTING CONTOUR
FINISH FLOOR
GARAGE FINISH FLOOR
LEAD AND TAG
TOP OF CURB
FLOW LINE
TOP OF WALL
TOP OF DRIVEWAY APRON
BEGINNING OF CURB RETURN
SPIKE
FOUND
WESTERLY
PROPERTY CORNER
FF
GFF
L&T
TC
FL
TW
TX
BCR
SPK
FD
W'LY
PC
X EXISTING FENCE
NORTHERLYN'LY
SPIKE AND WASHERS&W
POWER POLEPP
GUY WIREGW
STK STAKE
PROPERTY LINEPL, P/L
E'LY EASTERLY
MH MANHOLE
SOUTHERLYS'LY
WATER METERWM
NOTE: 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.
OF SHEETS
SHEET NO:
DRAWN BY:
PERMIT DATE:
PRINT DATE:SHEET TITLE:David Watson, Architect expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third partywithout first obtaining the express written permission and consent of David Watson, Architect.Revisions
PROJECT:A-1-a
WWW.WATSONARCHITECT.COM
MANHATTAN BEACH
SUITE 31
2100 N SEPULVEDA BLVD
CALIFORNIA 90266
Telephone 310 546 0044
dave@watsonarchitect.com
Facsimile 310 546 9698
DENN SURVEYDUNHAM STEWARTHERMOSA BEACH, CA.2722 HERMOSA AVENUE
108
.
5
0
'
P
C 99.56' PCSTANDARD STRAIGHT-LINE
INTERPOLATION
108
.
3
7
'
105
.
4
7
'101.25'EXISTING GRADE @ P.L.PROPERTY LINEPROPERTY LINE109
.
2
1
'
103.21'102.97'107
.
7
3
'
ELEVATION POINT USED
TO CALCULATE HEIGHT
105.1
4
'107.07'EXIST. GRADE ON APPLICANT'S PROPERTY
1'-11 1/4"1'-11 1/4"99.39' PC10
8
.
0
4
'
P
C
STANDARD STRAIGHT-LINE
INTERPOLATION
102
.
4
1
'107.26'107.68'107.92'108.45'EXISTING GRADE @ P.L.PROPERTY LINEPROPERTY LINE10
6
.
1
7
'
ELEVATION POINT USEDTO CALCULATE HEIGHT
EXIST. GRADE ON APPLICANT'S PROPERTY
OF SHEETS
SHEET NO:
DRAWN BY:
PERMIT DATE:
PRINT DATE:SHEET TITLE:David Watson, Architect expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third partywithout first obtaining the express written permission and consent of David Watson, Architect.Revisions
PROJECT:A-1-b
WWW.WATSONARCHITECT.COM
MANHATTAN BEACH
SUITE 9
2100 N SEPULVEDA BLVD
CALIFORNIA 90266
Telephone 310 546 0044
dave@watsonarchitect.com
Facsimile 310 546 9698
TOPOGRAPHIC PROFILEANALYSIS1/4" = 1'-0"
SOUTH P.L. TOPOGRAPHIC
1/4" = 1'-0"
NORTH P.L. TOPOGRAPHIC DUNHAM STEWARTHERMOSA BEACH, CA.2722 HERMOSA AVENUE
Tentative Future Agenda
PLANNING COMMISSION
City of Hermosa Beach
MARCH 17, 2009
Project Title Staff Public
Notice
Meeting
Date
Date
Rec’d
Remarks
⇒ 1st Qtr GPA 3/5 3/17
⇒ 1081, 1085 & 1087 Aviation Blvd—PDP & Parking Plan
for a three-story 40-room hotel with 2 levels of parking
containing 42 parking spaces with 32 of the 40 required
spaces in tandem to be managed with 24-hour valet
parking service and to allow greater than 30% compact
parking. & Negative Declaration. (continued from 1/20/09
P.C. meeting).
EC 3/5 3/17 1/21
⇒ Test amendment re. wind energy systems 3/5 3/17 1/21 Per 1/20/09
P.C.
⇒ 2101 PCH—Request for a 1-year extension for a
Conditional Use Permit, Precise Development Plan &
Vest. Tent. Parcel Map #67877 for a 21- unit commercial
condominium project. (Tentative)
3/17 2/9
⇒ 3001 PCH—Request for a 1-year extension for a
Conditional Use Permit, Precise Development Plan &
Vest. Tent. Parcel Map #68769 for16 unit commercial
condominium project.
3/17 2/9
⇒ 1072, 1078 & 1080 Aviation Blvd—Parking Plan & PDP
for a new surgical dental office building
3/5 3/17 2/9
F:b93\cd\wpc - future agenda
11b
REVISIONS BY
FAX: 310.376.8418
Greg Schneider ArchitectArchitectureInteriorsPlanning310.376.8418DRAWN
CHECKED
DATE
SCALE
JOB NO.
5/1/08
A-1
SHEET
OF SHEETS1902 Speyer LaneRedondo Beach,California 902781 44"44"44"
44"
44"
36"48"60"38 1/2"24 1/4"2
4
3
/
4
"44"24"
24"
24"24"24"24"
24"
24"
24"24"24"AREA "D"
AREA "E"
AREA "F"
AREA "C"
AREA "B"
AREA "A"
DOES NOT MEET MIN. EGRESS WIDTH
DOES NOT MEET MIN. EGRESS WIDTH
INADEQUATE SPACE FOR SEATING
AT FIXED TABLES (TYP.)
INADEQUATE SPACE FOR SEATING
AT FIXED TABLES (TYP.)
AREA "D"
AREA "E"
AREA "F"
AREA "C"
AREA "B"
AREA "A"
REQUIRED CLEARANCE AT DOORSREQUIRED CLEARANCE AT DOORS
PIN BALL MACHINES
NO OCCUPANTS
MEN'S ROOM
LADIES ROOM
BACK BAR
3 OCCUPANTS
POOL
TABLE BAR TOP
BAR TOP
BAR TOP
BAR TOP
KITCHEN & FOOD PREP
2 OCCUPANTS
REQUIRED EGRESS AISLE
REQUIRED EGRESS AISLE REQUIRED EGRESS AISLEREQUIRED EGRESS AISLEMIN.MIN.MIN.
MIN
.MIN.MIN.MIN.MIN.EXIT
NO
OCCUPANTS
REQUIRED EGRESS AISLE
MINIMUM SEATING AREA CLEARANCE
MEN'S ROOM
LADIES ROOM
BACK BAR
3 OCCUPANTS
POOL
TABLE BAR TOP
BAR TOP
BAR TOP
BAR TOP
REQUIRED EGRESS AISLE
REQUIRED EGRESS AISLE REQUIRED EGRESS AISLEREQUIRED EGRESS AISLEREQUIRED EGRESS AISLE
MINIMUM SEATING AREA CLEARANCE
AREAS PER
CITY'S EXHIBIT A
AREA ENCROACHING INTO
REQUIRED EGRESS AISLE
AREAS PER
CITY'S EXHIBIT A
CITY OF HERMOSA BEACH OCCUPANCY PLAN FOR NORTH END BAR & GRILL PER EXHIBIT "A"
LEGEND LEGEND
DOES NOT MEET MIN. EGRESS WIDTH
AREA QTY NOTES/COMMENTS
BAR STOOL AREA (76 LF) = 76/2 =38 OCCUPANTS BAR STOOLS NEED TO BE REDUCED TO PROVIDE
PROPER EGRESS AISLE.
TABLES (FIXED SEATS) 6x4 =24 OCCUPANTS SIZE AND QUANTITY OF TABLES NEEDS TO BE
REDUCED TO PROVIDE REQUIRED EGRESS AISLE AND
FLOOR SPACE.
AREA “A” = (12.5’x14’) + (1’x10.5’) - (4’x8’) =153.5 sq. ft.AGREE WITH CALCULATION
AREA “B” = (10’x8’) =80 sq. ft.AREA ENCROACHES INTO EGRESS AISLE, NEEDS TO BE
REDUCED TO PROVIDE REQUIRED EGRESS
AREA “C” = (3.5’x4’) =14 sq. ft.THIS AREA SHOULD NOT BE INCLUDED IN
CALCULATION SINCE IT IS IN THE REQUIRED EGRESS
AISLE AND SWING OF KITCHEN DOORS AND THE
REQUIRED CLEARANCE IN FRONT OF THE DOORS.
AREA “D” = (3’x4’) =12 sq. ft.PART OF THIS AREA ENCROACHES INTO REQUIRED
EGRESS AISLE, AND NEEDS TO BE RECALCULATED.
AREA “E” = (4’x5’) =20 sq. ft.PART OF THIS AREA ENCROACHES INTO REQUIRED
EGRESS AISLE, AND NEEDS TO BE RECALCULATED.
AREA “F” = (3’x4’) =12 sq. ft.PART OF THIS AREA ENCROACHES INTO REQUIRED
EGRESS AISLE, AND NEEDS TO BE RECALCULATED.
TOTAL AREA =291.5 sq. ft./ (1 OCCUPANTS/7 SQ.FT.)=42 OCCUPANTS
KITCHEN = (13’x11’) + (15’x5.5’) + (6’x8’) =273.5 sq. ft./ (1 OCCUPANTS/200 SQ.FT.)=2 OCCUPANTS
BAR = (11’x10’) + (2’x4’) + (2’x3’) =124 sq. ft./ (1OCCUPANTS/100 SQ.FT.)=2 OCCUPANTS
TOTAL OCCUPANT LOAD =108 OCCUPANCY PLAN EVALUATION OF:NORTH END BAR & GRILL2626 HERMOSA AVEHERMOSA BEACH, CA 90254FOR: MR. SANDY SAEMANNEXHIBIT "A" CALCULATION
Easy Reader
Run Date: February 5, 2009 DISPLAY
Acct: 7010-2110
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public
hearing on Tuesday, February 17, 2009, to consider the following:
1. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 70888 for a four
(4) unit residential condominium project at 931 1st Street.
2. Text Amendment and Zone Change and adoption of an Environmental Negative Declaration to implement
zoning-related recommendations pertaining to property currently zoned C-2 (Restricted Commercial)
along Pier Avenue in the ‘Upper Pier Avenue Committee Final Report’ approved by the City Council on
March 25, 2008 to promote a pedestrian-friendly village center serving local residents as well as visitors,
addressing permitted and conditional uses; design standards; parking requirements; sign standards;
incentives to encourage service-type/office uses on the second floor and retain architecturally/historically
important buildings; findings for approving conditional uses; creation of a specific plan area or overlay
zone; standards/restrictions on outdoor seating and/or displays on the sidewalk; and other minor related
changes affecting Chapter 17 (Zoning) and other Chapters for consistency (continued from the December
3, 2008 and January 20, 2009 meetings).
SAID PUBLIC HEARING 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 this hearing 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, February 12, 2009, 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, February 12, 2009, at the Hermosa Beach Police Department, Public Library,
and, on the City’s web site at www.hermosabch.org. Relevant Municipal Code sections are also available on
the web site.
Ken Robertson, Director
Community Development Department
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