HomeMy WebLinkAboutPC Resolution 23-13 - RockefellerPage 1 of 11 RES NO. 23-13
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT TO MODIFY THE EXISTING TYPE 41 ON-SALE BEER
& WINE – EATING PLACE LICENSE, TO A TYPE 47 ON-SALE GENERAL –
EATING PLACE LICENSE, FOR THE SALE OF BEER, WINE, AND DISTILLED
SPIRITS FOR THE CONSUMPTION ON THE LICENSE PREMISES AT AN
EXISTING RESTAURANT LOCATED AT 420-422 PIER AVENUE
(ROCKEFELLER), AND TO MAKE THE DETERMINATION THAT THE PROJECT
IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
WHEREAS, an application was filed on April 24, 2023, by the applicant
Chris Bredesen, requesting Planning Commission approval of Conditional Use
Permit Amendment 23-07 to upgrade the existing Type 41 On-Sale Beer & Wine –
Eating Place license to a Type 47 On-Sale – Eating Place license, for the sale of
beer, wine, and distilled spirits consumption on the license premises at an
existing restaurant located at 420-422 Pier Avenue; and
WHEREAS, the Planning Commission, at its public meeting of September
19, 2023, considered all testimony and evidence, both oral and written, that was
presented to the Planning Commission; and
WHEREAS, the project is categorically exempt from the California
Environmental Quality Act defined in CEQA Section 15301 Class 1 Existing
Facilities, as the project involves a minor change to an existing use and would
not result in a direct or a reasonably foreseeable indirect physical change in the
environment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Based on the foregoing factual findings, the Planning
Commission establishes that the Conditional Use Permit pursuant to Hermosa
Beach Municipal Code (HBMC) Section 17.40.020, (General criteria for all uses)
and HBMC Section 17.40.080, (On-sale alcohol beverage establishment) that the
Page 2 of 11 RES NO. 23-13
use as conditioned will be compatible with the surroundings and all impacts can
be reduced to an insignificant level:
A. Distance from existing residential uses: The project site is located on Pier
Avenue in the SPA-11 zone. Fifteen shared parking spaces are located to
the rear of the building. Multi-family residences are located south of the
site as well as to the north on the opposite side of Pier Avenue behind the
similar commercial structures located there. The residences located to the
south of the property are buffered from the site by the shared parking lot
located in between them.
B. The amount of existing or proposed off-street parking facilities, and its
distance from the proposed use: Pursuant to HBMC Section
17.44.015.(C)(1), no on-site parking is required for the first 5,000 square feet
of ground floor non-residential, non-office, and non-late night alcohol
establishment use. As the total ground floor area is 2,648 square feet, the
existing restaurant is exempt from on-site parking requirements.
C. Location of and distance to churches, schools, ho spitals, and public
playgrounds: The proposed change to the restaurant will not affect
neighboring schools, churches, and community centers due to the
distance and offset hours of operation of the establishment. Hermosa
Valley School and Christian Science Church are both located 0.3 miles to
the north, and Community Center is located 0.2 miles to the east. The
distance between the establishment and the these uses provides a buffer
to minimize impacts. Additionally, lunch and dinner hours are offset from
peak times of the above-listed uses.
D. The combination of uses proposed: The proposed uses on site are
consistent with the development pattern and uses within SPA 11 and
present diners with additional options for enjoying beverages with their
meals.
E. Precautions taken by the owner or operator of the proposed
establishment to assure compatibility of the use with surrounding uses: The
existing restaurant is located near many other similar restaurant and retail
uses. As it is compatible with the existing surrounding uses, a change from
a Type 41 license (on-sale beer and wine) to a Type 47 license (on-sale
Page 3 of 11 RES NO. 23-13
general) and ending sales of alcohol at 11:00 p.m., it is not anticipated to
have a negative impact on existing surrounding uses.
F. The relationship of the proposed business-generated traffic volume and
the size of streets serving the area: The modification from a Type 41 license
(on-sale beer and wine) to a Type 47 license (on-sale general) would not
affect existing streets or significantly impact traffic volume, as the proposal
involves no change in the restaurant capacity and intensity.
G. The proposed exterior signs and decor, and the compatibility thereof with
existing establishments in the area: There shall be no change to the
exterior signs or décor. As such, aesthetics would continue to remain
compatible with existing establishments in the area.
H. The number of similar establishments or uses within close proximity to the
proposed establishment: There are six similar establishments nearby with
existing Type 20, 41, 42, 47, & 58 licenses. One has a Type 47 license.
Restaurant Name Address License Type Allowed Hours per
CUP
Sosta 439 Pier Ave Type 41 (On Sale
General-Eating
Place license)
11:30 a.m. to 11:00
p.m. daily (Serving
alcohol, no earlier
than 5 p.m. daily)
Crème de la
Crepe
424 Pier Ave Type 41 (On-Sale
General – Eating
Place license)
8:00 a.m. to 10:00
p.m. daily
The Hook & Plow 425 Pier Ave Type 47 (On-Sale
General-Eating
Place license)
7:00 a.m. to 11:00
p.m. daily
Uncorked 302 Pier Ave Type 20 (Off-Sale
Beer & Wine), 42
(On-Sale Beer &
Wine Public
Premises) and 58
(Caterer’s Permit)
7:00 a.m. to 10:00
p.m. daily
Fritto Misto 316 Pier Ave Type 41 (On-Sale
General – Eating
Place license)
11:30 a.m. to 11:00
p.m. daily
El Tarrasco 337 Pier Ave Type 41 (On-Sale 11:00 a.m. to 10:00
Page 4 of 11 RES NO. 23-13
General – Eating
Place license)
p.m. daily
I. Noise, odor, dust and/or vibration that may be generated by the
proposed use: The modification from a Type 41 license (on-sale beer and
wine) to a Type 47 license (on-sale general) would not significantly
generate additional noise, odor, dust and/or vibration due to no increase
in restaurant capacity or intensity.
J. Impact of the proposed use to the City’s infrastructure, and/or services:
The existing restaurant use would be maintained, and the current
infrastructure is adequate. The tenant space has housed restaurants of
similar size and operation. Existing utilities and services will be sufficient and
are not anticipated to be impacted.
K. Will the establishment contribute to a concentration of similar outlets in
the area: The requested modification from Type 41 license (on-sale beer
and wine) to a Type 47 license (on-sale general), would not add to the
concentration of similar outlets in this area because a restaurant providing
the sale of alcoholic beverages is currently already operating at this
location.
L. Other considerations that, in the judgment of the planning commission,
are necessary to assure compatibility with the surrounding uses, and the
city as a whole: No other issues are identified.
SECTION 2. Based on the evidence received at the public meeting, the Planning
Commission hereby further finds, determines, and declares that the project is
consistent with the City’s General Plan (PLAN Hermosa) because the Conditional
Use Permit Amendment is consistent with Land Use Policy’s 1.3, 1.4, and 2.1 as
shown below.
Goal 1. Create a sustainable urban form and land use patterns that support a
robust economy and high quality of life for residents.
Policies:
· 1.3 Access to daily activities. Strive to create sustainable development
patterns such that the majority of residents are within walking distance to
a variety of neighborhood goods and services, such as supermarkets,
Page 5 of 11 RES NO. 23-13
restaurants, churches, cafes, dry cleaners, laundromats, farmers markets,
banks, personal services, pharmacies and similar uses.
· 1.4 Diverse commercial areas. Promote the development of diversified
and unique commercial districts with locally owned businesses and job- or
revenue-generating uses.
Conformity:
The proposal put forth is consistent with policies 1.3 and 1.4 since it
provides residents with an additional amenity within walking distance and
promotes a revenue generating use within a diverse commercial district.
Goal 2. Neighborhoods provide for diverse needs of residents of all ages and
abilities, and are organized to support healthy and active lifestyles.
Policies:
· 2.1 Complete neighborhoods. Neighborhoods are complete and well-
structured by encouraging, where appropriate, the following
characteristics:
· Contain a high level of connectivity for pedestrians, bicycles and vehicles.
· Have homes with entries and windows facing the street.
· Provide a diversity of architectural styles.
· Have goods and services within a short walking distance.
· Address the needs of multiple ages and physical abilities.
Conformity:
The proposal put forth is consistent with policies 2.1 since it provides
another service to residents within a highly connected area of the city for
those traveling in a variety of modes.
Section 3. Based on the foregoing, the Planning Commission hereby approves
the subject Conditional Use Permit Amendment Case No. CUP 23-07 subject to
the following Conditions of Approval:
1. The project shall be substantially consistent with the application submitted
and approved by the Planning Commission on September 19, 2023.
Page 6 of 11 RES NO. 23-13
2. The permitted hours of operation shall be 7:00 a.m. to 11:00 p.m. daily, at
which times all customers shall vacate the premises and the doors shall be
locked.
3. The business shall be operated 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 menu; food service
from the menu shall be available during all hours that the establishment is
open for business; a minimum of sixty-five (65) percent of the total gross
sales, computed monthly, shall result from the sale of prepared food. 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 for
inspection by the City for the prior twelve (12) months upon request.
4. The City shall have the right during business hours upon fifteen (15) days
notice to inspect the books and records of the applicant to determine the
gross sales of food and/or the gross sales of alcoholic beverages. Food
shall include the sale of beverages other than alcoholic beverages.
5. Upon request at the time the City inspects the books and records of the
applicant, the applicant shall submit to the City copies of all records
submitted to the State Board of Equalization for the purposes of verifying
the applicant’s books and records, with the understanding that these
reviews are confidential.
6. The business shall prevent loitering, unruliness, and boisterous activities of
the patrons outside the business or in the immediate area. The business
shall utilize an electronic method of reservation management to text or
otherwise electronically notify patrons when the business is able to
accommodate them without the patrons gathering in the immediate
area.
7. Live entertainment (including but not limited to amplified music, disc
jockeys, live music whether acoustic or amplified, and live performances
of all kinds), is prohibited.
Page 7 of 11 RES NO. 23-13
8. A manager who is aware of the conditions of this CUP shall be on the
premises during business hours. The CUP shall be maintained on the
premise in a location where employees can easily read the conditions.
9. Management shall successfully complete ABC Licensee Education on
Alcohol and Drugs (LEAD) training and Responsible Beverage Servers
Training, or equivalent as determined by Police Chief. All employees
engaged in the sale or service of alcoholic beverages shall complete
Responsible Beverage Service Training, or equivalent as determined by
the Police. The business shall maintain records that management and
employees have participated in the required trainings. Records shall be
maintained for two years after training.
10. The Police Chief may determine that a continuing police problem exists
and may, subject to appeal to the Planning Commission, direct the
presence of a police approved doorman and/or security personnel to
eliminate the problem. An appeal to the Planning Commission shall be
heard within sixty (60) days of filing the appeal. The Police Chief shall then
submit a report to the Planning Commission, which will automatically
initiate a review of the conditional use permit.
11. The following signs shall be posted in a conspicuous location in a readily
visible manner, warning patrons of the illegality of selling alcoholic
beverages to persons under twenty-one years of age, loitering and
drinking within the public realm, and removing alcoholic beverages from
the premises, and carrying:
a. “California State Law prohibits the sale of alcoholic beverages to
persons under twenty-one years of age.”
b. “No Loitering or Public Drinking”
c. “It is illegal to possess an open container of alcohol in the vicinity of this
establishment.”
d. Signs shall be posted compliant with Hermosa Beach Municipal Code
(HBMC) Section 8.48.060 Alcoholic beverages – Warning signs.
12. All alcoholic beverages shall be served in non-disposable drinkware and
shall not be offered “to-go”.
Page 8 of 11 RES NO. 23-13
13. The business shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby. The business shall comply in all other
aspects with HBMC Section 8.24 (Noise Control) and noise from the
premises shall not constitute a public nuisance.
14. The business shall install and maintain a video surveillance system that
monitors within the interior of the business and the immediate area. The
video surveillance system must be capable of delineating on playback
the activity and physical features of persons and areas within the premises
and immediate area. Recordings shall be retained for a minimum of sixty
(60) days and video will be available to Police Department upon request.
All video security cameras shall be installed to the satisfaction of the Chief
of Police. At the discretion of the Police Chief, Licensee may be required
to add additional video cameras.
15. Under no circumstances shall furniture or other interior/exterior
improvements be rearranged from the floor plan attached to the CUP
Amendment to accommodate dancing, more entertainment, or greater
occupant load absent approval from the Police Chief, or the Planning
Commission.
16. Any changes to the interior or exterior layout which alter the primary
function of the business to create open space, shall be subject to review
and approval of the Planning Commission.
17. Notwithstanding the structure occupant load limits under the Building
Code, each customer in the business shall have an available seat at a
table or counter, in substantial conformance with the floor plan and
seating plan included as an attachment to the staff report. Customers are
permitted to move freely around the business and are not required to be
seated at all times; however, each customer shall have an available seat.
18. The exterior of the business shall be maintained in a neat and clean
manner and maintained free of graffiti at all times. The removal of all
graffiti from the walls, fences, pavement, or buildings within twenty-four
(24) hours of discovery of its appearance on the property is required.
Page 9 of 11 RES NO. 23-13
19. The business with on-sale alcoholic beverage service may be subject to a
periodic review process to established by the City to verify conformance
with the conditions of approval.
20. The business shall maintain in conformance with all other applicable City
of Hermosa Beach and regulatory agency requirements and standards,
including but not limited to: California Department of Alcoholic Beverage
Control, Los Angeles County Health Department, California Disabled
Access Standards (Government Code Title 24), and Los Angeles County
National Pollutant Discharge Elimination System Permit (NPDES).
21. The business shall be maintained and operated in full compliance with the
conditions of this CUP and any law, statute, ordinance, or other regulation
hereafter adopted that is applicable to any development or activity on
the subject property.
22. In addition to any other remedy provided by law, if the business operating
pursuant to this CUP violates any condition of this CUP, the Police Chief or
designee may meet and confer with the business to clarify the reason for
the violation and to formulate a course of action to mitigate the risk for
any future violation. If the business operating pursuant to this CUP
continues to violate this CUP (ie., either a repeat violation or another
violation) within any six (6) month period following a meet and confer with
the Police Chief, then, at the sole discretion of the Police Chief, modified
or additional operational requirements may be imposed by the Police
Chief to temporarily curtail the violations until the matter is brought before
the Planning Commission. These modifications include, but are not limited
to, a reduction in operating hours, the required number of staff members
during operational hours, additional training for existing staff, and/or any
other measures deemed appropriate by the Police Chief. The Planning
Commission shall consider any modification or additional operational
requirement(s) imposed by the Police Chief during its discussion of the
matter. The Police Chief’s determination will remain in effect until
considered by the Planning Commission.
23. The Planning Commission may review this CUP and may amend the
subject conditions or impose any new conditions if deemed necessary to
Page 10 of 11 RES NO. 23-13
mitigate the detrimental effects on the neighborhood resulting from the
subject use.
24. Approval of this permit shall expire twenty-four (24) months from the date
of approval by the Planning Commission unless the use authorized herby
has commenced. One or more extensions of time may be requested. No
extension shall be considered unless requested, in writing to the
Community Development Director including the reason therefore, at least
sixty (60) days prior to the expiration date. No additional notice of
expiration will be provided.
25. The practice of washing and rinsing restaurant floor mats, tables,
equipment, etc., or discharge of any liquids, other than stormwater, onto
the public right-of-way, into the parking lot drain or storm drains, is strictly
prohibited. Discharge of liquids or wash water shall be limited to the
sanitary sewer. Designation of a mop sink and provision of a grease trap
shall be provided as required by the Public Works and Building Division.
26. The establishment shall not use polystyrene take-out containers, which
may or may not be identified with a “No. 6” or “PS” recycle code.
27. Exterior and interior water use shall comply with HBMC Section 8.56. Proof
of compliance with water conserving devices shall be provided.
28. This resolution shall supersede P.C. Resolution10-17 which shall be of no
further force or effect.
PASSED, APPROVED and ADOPTED on this Tuesday the 19th of September, 2023.
VOTE:
Page 11 of 11 RES NO. 23-13
AYES:
NOES:
ABSTAIN:
ABSENT:
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 23-13 is a true and complete
record of the action taken by the Planning Commission of the City of Hermosa
Beach, California, at its regular meeting of September 19, 2023.
___________________ ___________________
Peter Hoffman, Chair Carrie Tai, Secretary
September 19, 2023
Date
4 - Commissioner Hirsh, Commissioner Izant, Vice Chair Rice, Chair
Hoffman
0
0
1 - Commissioner Pedersen
Peter Hoffman (Sep 29, 2023 13:00 PDT)
P.C. Resolution 23-13 Rockefeller
Final Audit Report 2023-09-29
Created:2023-09-28
By:Melanie Hurtado (mhurtado@hermosabeach.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAWMUSdFyOTaIw-T1sP7gGqv4WN3oJSR4s
"P.C. Resolution 23-13 Rockefeller" History
Document created by Melanie Hurtado (mhurtado@hermosabeach.gov)
2023-09-28 - 8:43:47 PM GMT
Document emailed to Carrie Tai, AICP (ctai@hermosabeach.gov) for signature
2023-09-28 - 8:45:33 PM GMT
Email viewed by Carrie Tai, AICP (ctai@hermosabeach.gov)
2023-09-28 - 8:46:15 PM GMT
Document e-signed by Carrie Tai, AICP (ctai@hermosabeach.gov)
Signature Date: 2023-09-28 - 8:46:44 PM GMT - Time Source: server
Document emailed to Chair Peter Hoffman (phoffman@hermosabeach.gov) for signature
2023-09-28 - 8:46:46 PM GMT
Email viewed by Chair Peter Hoffman (phoffman@hermosabeach.gov)
2023-09-29 - 7:53:01 PM GMT
Signer Chair Peter Hoffman (phoffman@hermosabeach.gov) entered name at signing as Peter Hoffman
2023-09-29 - 8:00:17 PM GMT
Document e-signed by Peter Hoffman (phoffman@hermosabeach.gov)
Signature Date: 2023-09-29 - 8:00:19 PM GMT - Time Source: server
Agreement completed.
2023-09-29 - 8:00:19 PM GMT