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Home My WebLink About2023-01-17 PC Action Minutes Regular MeetingCity Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Action Minutes - Final Planning Commission Chair Stephen Izant Vice Chair Peter Hoffman Commissioners Marie Rice David Pedersen 6:00 PM Council Chambers (In-Person/Virtual)Tuesday, January 17, 2023 I. CALL TO ORDER The Planning Commission regular meeting was held in-person and virtually pursuant to Executive Order AB 361 issued by Governor Gavin Newsom on September 16, 2021.The meeting was called to order by Chair Stephen Izant at 6:00 PM. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice Chair Peter Hoffman. III. ROLL CALL Staff present in-person in the Council Chambers: Corrie Kates, Interim Community Development Director Patrick Donegan, City Attorney James Atkins, Senior Planner Johnathon Masi, Assistant Planner Paul LeBaron, Police Chief Staff present virtually: Melanie Bristow, Administrative Assistant Commissioner David Pedersen, Chair Stephen Izant, Vice Chair Peter Hoffman, and Commissioner Marie Rice Present:4 - Absent:0 IV. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS a.REPORT 23-0050 WRITTEN COMMUNICATIONS (Administrative Assistant Melanie Bristow) The following person provided public comment: 1. Elaine Kim (virtually) Page 1City of Hermosa Beach January 17, 2023Planning Commission Action Minutes - Final Motion by Commissioner Rice and seconded by Commissioner Pedersen to receive and file written communications. The motion carried as follows: Aye:Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice4 - Absent:0 V. CONSENT CALENDAR a.REPORT 22-0791 ACTION MINUTES OF THE PLANNING COMMISSION SPECIAL MEETING OF NOVEMBER 2, 2022, REGULAR MEETING OF NOVEMBER 15, 2022 and SPECIAL MEETING OF DECEMBER 5, 2022 (Administrative Assistant Melanie Bristow) Commissioner Rice requested to have two separate motions since she was not in attendance at the November 2nd meeting. Vice Chair Hoffman noted a correction to be made to the Commissioner Titles on the November 2nd minutes under agenda item III: Roll Call. Motion by Vice Chair Hoffman and seconded by Commissioner Pedersen to approve the amended action minutes of the Planning Commission special meeting of November 2, 2022. The motion carried as follows: Aye:Commissioner Pedersen, Chair Izant, and Vice Chair Hoffman3 - Absent:0 Recused:Commissioner Rice1 - Commissioner Rice requested to amend the minutes of November 15, 2022 to add, at the top of page five, agenda item 8.b for Silvio's, "Pursuant to Staff recommendation, motion made to continue to the meeting of January 17, 2022." City Attorney Patrick Donegan agreed to this addition in the minutes. Commissioner Rice requested to amend the minutes of December 5, 2022 to correct the spelling of a name listed on agenda item V.b under Public Comment. Motion by Commissioner Rice and seconded by Vice Chair Hoffman to approve the amended action minutes of the Planning Commission regular meeting of November 15, 2022 and the amended minutes of the special meeting of December 5, 2022. Motion carried as follows: Aye:Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice4 - Absent:0 VI. MUNICIPAL MATTERS a.REPORT 23-0035 MURAL DETERMINATION REQUEST (MD22-01) FOR A TRI-IMAGE 65.26 SQUARE FOOT PAINTED DISPLAY PROPOSED ON THE Page 2City of Hermosa Beach January 17, 2023Planning Commission Action Minutes - Final NORTHERLY WALL OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 8 PIER AVENUE (HENNESSEY’S TAVERN) AND DETERMINE THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. (Assistant Planner Johnathon Masi) Assistant Planner Johnathon Masi provided a staff report for this item. Motion by Commissioner Pedersen and seconded by Vice Chair Hoffman to approve Resolution 22-13 denying subject Mural Determination Case No. MD22-01, finding the existing painted display is a sign and not a mural, as set forth in HBMC 17.50.030. Motion carried as follows: Aye:Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice4 - Absent:0 VII. PUBLIC HEARING a.REPORT 23-0043 INFORMATION ONLY: PUBLIC NOTICE, POSTERS, PROJECT ZONING MAPS, RADIUS MAPS AND MAILING AFFIDAVITS (Administrative Assistant Melanie Bristow) b.REPORT 23-0034 CONTINUATION REQUEST FOR A PRECISE DEVELOPMENT PLAN AMENDMENT (PDP 22-04) TO ALLOW A 399 SQUARE FOOT ADDITION TO AN EXISTING CONDOMINIUM UNIT LOCATED AT 1723 GOLDEN AVENUE, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Assistant Planner Johnathon Masi) Assistant Planner Johnathon Masi provided a staff report for this item. There were no public comments on this item. Motion by Vice Chair Hoffman and seconded by Commissioner Rice to continue this item to the next regular meeting on February 21, 2023 to ensure time for proper public noticing. Motion carried as follows: Aye:Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice4 - Absent:0 c.REPORT 23-0041 REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT (CUP 22-03) 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 20 PIER Page 3City of Hermosa Beach January 17, 2023Planning Commission Action Minutes - Final AVENUE (SILVIO’S SOUTH AMERICAN LOUNGE AND GRILL), WITH HOURS OF OPERATION OF 7 DAYS A WEEK, 6:00 A.M. TO 12:00 A.M., CEASING ALCOHOL SALES AT 11:30 P.M.; AND TO MAKE THE DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Senior Planner James Atkins) Senior Planner James Atkins provided a staff report for this item. Police Chief LeBaron voiced support for this project and said he is comfortable with the proposed CUP and is there to answer any questions. The following people provided public comment: 1. Doug Howarth (in-person) 2. Laura Pena (virtually) Chair Izant asked if Chief LeBaron is satisfied with the controls put into place to be able to address any future violations at this business. Chief LeBaron responded yes, and stated that Hermosa Police Department will have the ability to reach out to the owner regarding any future violations, if needed. Commissioner Rice inquired about the number of seats in this establishment. Senior Planner James Atkins stated that the original plan was outdated, and the current occupancy is 93 guests, which includes 49 seats on the interior and 44 seats on the patio. Commissioner Rice noted that the diagram provided does not match those numbers. Applicant Doug Howarth said the occupancy is currently 93 total seats, including 49 interior seats. Commissioner Pedersen asked if live entertainment will be permitted. Senior Planner Atkins responded that live entertainment was a covid-related special permit. Commissioner Pedersen inquired what time alcohol would cease and what time the restaurant would stop serving all together. Applicant Doug Howarth stated that 11:30 p.m. would be that latest that an alcoholic beverage could be ordered. No alcohol will be sold after 11:30 p.m. and alcohol will be removed from tables at midnight. Chair Izant questioned what happens to the CUP if Silvio’s moves or closes. City Attorney Donegan responded that the CUP stays with the land. Any new business that potentially moves into that space in the future would be bound by the same conditions stated in the CUP including the number of seats, hours, etc. Chair Izant inquired if the applicant would be able to keep the kitchen open until 1:00 a.m., according to this proposed CUP. City Attorney Donegan said the CUP would need to be amended to extend the hours in which food can be served if the applicant desired. As the CUP is currently proposed, all food and drink service would need to stop at midnight. Police Chief LeBaron commented that Hermosa Beach Police Department would prefer to keep the establishment hours as proposed in the CUP, including to close at midnight. He stated that the hours between midnight and 4:00 am are critical hours for public safety. During those hours, our Police Officers need to be focused on DUI’s, addressing fights, thefts, weapons, and other crimes in Hermosa Beach. For the Police Department, the more businesses that are open after midnight in the Downtown area, the more Police resources required in that Page 4City of Hermosa Beach January 17, 2023Planning Commission Action Minutes - Final specific area during those late-night hours, which would take the focus off the other crimes and other area. Vice Chair Hoffman commented that although he has denied this request on two previous occasions, he is in support of the proposed CUP now. He says what the applicant is proposing is exactly what the intention of the ordinance was when it was written. He supports this application with the proposed hours, including closing at midnight. Commissioner Pedersen voiced support for this item. Motion by Vice Chair Hoffman and seconded by Commissioner Rice to adopt as amended a resolution approving Conditional Use Permit Case No. 22-03 to allow the applicant 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 consumption on the license premises at an existing restaurant located at 20 Pier Avenue (Silvio's South American Lounge and Grill), with hours of operation of 7 days a week, 6:00 a.m. to 12:00 a.m., ceasing alcohol sales at 11:30 p.m.; adding to section three, number two, “…all patrons shall vacate the premises by 12:00 a.m. daily;” and to make the determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Motion carried as follows: Aye:Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice4 - Absent:0 VIII. STAFF ITEMS a.REPORT 23-0046 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS (Administrative Assistant Melanie Bristow) b. VERBAL REPORT ON CITY COUNCIL ACTIONS c. STATUS REPORT ON MAJOR PLANNING PROJECTS Interim Community Development Director Corrie Kates shared that Community Development Staff is currently working on the Housing Element, and it will be brought back to Planning Commission soon. The FAR research is continuing and is estimated to be brought to Planning Commission around March. IX. COMMISSIONER ITEMS a. PLANNING COMMISSION COMMENTS b. FUTURE AGENDA ITEMS X. ADJOURNMENT Motion by Vice Chair Hoffman and seconded by Commissioner Rice to adjourn the meeting until the next regular meeting of the Planning Commission on Tuesday, February 21, 2023 at 6:00 PM. Motion carried as follows: Page 5City of Hermosa Beach January 17, 2023Planning Commission Action Minutes - Final Aye:Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice4 - Absent:0 The meeting was adjourned by Chair Izant at 7:18 PM. Page 6City of Hermosa Beach