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HomeMy WebLinkAbout2026-02-17-PC-Regular CITY OF HERMOSA BEACH PLANNING COMMISSION Post-Meeting Agenda Tuesday, February 17, 2026 5:00 PM Council Chambers 1315 Valley Drive Hermosa Beach, CA 90254 COMMISSIONERS Stephen Izant, Chairperson Michael Flaherty, Vice Chairperson Peter Hoffman, Commissioner Greg McNally, Commissioner Kate Hirsh, Commissioner Alison Becker, Community Development Director AMERICANS WITH DISABILITIES ACT OF 1990 To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov at least 48 hours before the meeting. PARTICIPATION AND VIEWING OPTIONS Hermosa Beach Planning Commission meetings are open to the public and are being held in person in the City Hall Council Chambers located at 1315 Valley Drive, Hermosa Beach, CA 90254. Public comment is only guaranteed to be taken in person at City Hall during the meeting or prior to the meeting by submitting an eComment for an item on the agenda. As a courtesy only, the public may view and participate on action items listed on the agenda via the following: Zoom: https://us02web.zoom.us/j/82539742028?pwd=OUNTRDNvd2I6TzBpTDIjc2x6bGFwdz09 • Phone: Toll Free: (833) 548 0276; Meeting ID: 825 3974 2028, then #; Passcode: 207860• eComment: Submit an eComment no later than three (3) hours before the meeting start time.• Supplemental Email: Supplemental emails are available for agenda items only and must be sent to planning@hermosabeach.gov. Supplemental emails should indicate the agenda item and meeting date in the subject line and must be received no later than three (3) hours before the meeting start time. Emails received after the deadline but before the meeting ends will be posted to the agenda the next business day. Writings distributed to all, or majority of all, of the Commission after the agenda has been posted shall be available for inspection at the Community Development Department located at 1315 Valley Drive, Hermosa Beach, CA 90254 during regular business hours. • Please be advised that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. Please attend in person or by submitting an eComment to ensure your public participation. Similarly, as a courtesy, the City will also plan to broadcast the meeting via the following listed mediums. However, these are done as a courtesy only and not guaranteed to be technically feasible. Thus, in order to guarantee live time viewing and/or public participation, members of the public shall attend in Council Chambers. Cable TV: Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach • YouTube: https://www.youtube.com/c/CityofHermosaBeach90254 • Live Stream: www.hermosabeach.gov/agenda • Cablecast App: Available on supported devices and smart TVs• If you experience technical difficulties while viewing a meeting on any of our digital platforms, please try another viewing option. View staff reports and attachments at www.hermosabeach.gov/agenda. Page 2 of 162 Pages 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL 4.APPROVAL OF AGENDA Recommended Action: To approve the order of the agenda. 5.PUBLIC COMMENT 6.CONSENT CALENDAR Recommended Action: To approve the consent calendar. 6.a ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF JANUARY 20, 2026 - 26-CDD-020 5 (Administrative Assistant Nancy Blinzler) Recommended Action: To approve the action minutes of the Planning Commission meeting of January 20, 2026. 7.PUBLIC HEARING 7.a LOCATION: 74 PIER AVENUE - 25-CDD-169 12 PROJECT DESCRIPTION: REQUEST TO ADOPT A RESOLUTION TO MODIFY THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP25-13/APE25-004) FOR ROBERT'S LIQUOR LOCATED AT 74 PIER AVENUE IN THE DOWNTOWN COMMERCIAL ZONE. CEQA: Determine the project is categorically exempt from the California Environmental Quality Act. (Assistant Planner Johnny Case & Code Enforcement Officer Suzanne Calderon) Recommended Action: To determine the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 categorical exemption as defined in Section 15301 of the State CEQA Guidelines; and adopt a resolution to modify the conditions of a Conditional Use Permit (CUP25- 13/APE25-004) at the existing liquor store (Robert’s Liquor) located at 74 Pier Avenue in the Downtown Commercial (C-2) Zone and to accept staff's recommendation with the modifications of providing a clean resolution and including the original CUP as an attachment. 8.COMMUNITY DEVELOPMENT DIRECTOR REPORT 9.PLANNING COMMISSION COMMENTS Page 3 of 162 10.FUTURE AGENDA ITEMS Questions from Planning Commission members regarding the status of future agenda items. No discussion or debate of these requests shall be undertaken. 10.a PLANNING COMMISSION TENTATIVE FUTURE AGENDA - 26-CDD- 018 161 (Planning Manager Alexis Oropeza) Recommended Action: To receive and file the March 17, 2026, Planning Commission tentative future agenda. 11.ADJOURNMENT Page 4 of 162 City of Hermosa Beach | Page 1 of 1 Meeting Date: February 17, 2026 Staff Report No. 26-CDD-020 Honorable Chair and Members of the Hermosa Beach Planning Commission ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF JANUARY 20, 2026 (Administrative Assistant Nancy Blinzler) Recommended Action: Staff recommends Planning Commission receive and file the action minutes of the Planning Commission regular meeting of January 20, 2026. Attachments: 1. Planning Commission Action Minutes Regular Meeting of January 20, 2026 Respectfully Submitted by: Nancy Blinzler, Administrative Assistant Approved: Alison Becker, Community Development Director Page 5 of 162 1 CITY OF HERMOSA BEACH PLANNING COMMISSION MEETING MINUTES January 20, 2026 5:00 p.m. Council Chambers 1315 Valley Drive Hermosa Beach, CA 90254 Members Present: Chairperson Stephen Izant, Vice Chairperson Michael Flaherty, Commissioner Peter Hoffman, Commissioner Greg McNally, Commissioner Kate Hirsh Staff Present: Planning Manager Alexis Oropeza, Assistant Planner Jake Whitney, Senior Office Assistant Holly Honma, Assistant Planner Johnny Case, Community Development Director Alison Becker, Assistant Planner DeDe Tran, Interim City Attorney Sarah Locklin _____________________________________________________________________ 1. CALL TO ORDER Chairperson Stephen Izant called the meeting to order at 5:00 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chairperson Izant. 3. ROLL CALL Senior Office Assistant Holly Honma announced a quorum. 4. APPROVAL OF AGENDA Moved by: Vice Chairperson Flaherty Seconded by: Commissioner Hirsh To approve the order of the agenda. Ayes (5): Chairperson Izant, Vice Chairperson Flaherty, Commissioner Hoffman, Commissioner McNally, and Commissioner Hirsh Motion Carried 5. PUBLIC COMMENT In Person Public Comments: Page 6 of 162 2 • None Virtual Public Comments: • None 6. CONSENT CALENDAR Moved by: Commissioner Hoffman Seconded by: Commissioner Hirsh To approve the Consent Calendar. Ayes (5): Chairperson Izant, Vice Chairperson Flaherty, Commissioner Hoffman, Commissioner McNally, and Commissioner Hirsh Motion Carried 6.a ACTION MINUTES OF THE PLANNING COMMISSION SPECIAL MEETING OF DECEMBER 16, 2025. - 26-CDD-014 (Administrative Assistant Nancy Blinzler) Moved by: Commissioner Hoffman Seconded by: Commissioner Hirsh To receive and file the action minutes of the Planning Commission special meeting of December 16, 2025. Motion Carried 7. PUBLIC HEARING 7.a LOCATION: 703 PIER AVENUE - 26-CDD-010 PROJECT DESCRIPTION: A CONDITIONAL USE PERMIT (CUP25-16) TO ALLOW THE OPERATION OF A PILATES STUDIO (CLUB PILATES) WITHIN AN EXISTING 2,425-SQUARE-FOOT COMMERCIAL SPACE LOCATED AT 703 PIER AVENUE, SUITE H14, IN THE SPECIFIC PLAN AREA 8 (SPA-8) ZONE. CEQA: Determine the project is exempt from the California Environmental Quality Act. (Assistant Planner Johnny Case) Assistant Planner Johnny Case provided a presentation. Commissioner Hoffman asked various questions. Johnny Case provided information. Planning Manager Alexis Oropeza provided information. Page 7 of 162 3 Director Alison Becker provided information. Vice Chairperson Flaherty asked various questions. Commissioner McNally asked various questions. Commissioner Hirsch asked various questions. Chairperson Izant provided various questions. In Person Public Comments: • None Virtual Public Comments: • None Moved by: Commissioner Hoffman Seconded by: Commissioner Hirsh To determine the project is categorically exempt from the California Environmental Quality Act; and adopt a Resolution approving a Conditional Use Permit to allow the operation of a Pilates Studio (Club Pilates) within an existing 2,425-square-foot commercial space located at 703 Pier Avenue, Suite H14, with an amendment to eliminate Condition of Approval pertaining to hours of operation (Section 2, subsection 9 of draft Resolution). Ayes (5): Chairperson Izant, Vice Chairperson Flaherty, Commissioner Hoffman, Commissioner McNally, and Commissioner Hirsh Motion Carried 7.b LOCATION: 520 25th STREET - 26-CDD-005 PROJECT DESCRIPTION: ADOPT A RESOLUTION APPROVING CONDITIONAL USE PERMIT (CUP25-12), PRECISE DEVELOPMENT PLAN (PDP25-09), AND VESTING TENTATIVE PARCEL MAP NO. 84845 FOR NEW TWO-UNIT RESIDENTIAL CONDOMINIUMS AT 520 25TH STREET IN THE TWO DWELLING UNITS PER LOT ZONE (R-1A). CEQA: Determine the project is categorically exempt from the California Environmental Quality Act. (Assistant Planner DeDe Tran) Assistant Planner Dede Tran provided a presentation. Stacey Strauss from Srour & Associates on behalf of the applicant Dennis Cleland, D.C Construction, provided information. Commissioner McNally asked various questions Page 8 of 162 4 Commissioner Hirsch provided comments. Commissioner Hoffman provided comments. Vice Chairperson Flaherty provided comments. In Person Public Comments: • None Virtual Public Comments: • None Moved by: Commissioner Hoffman Seconded by: Vice Chairperson Flaherty To determine the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 3 categorical exemption, as defined in section 15303 of the CEQA Guidelines for new construction and conversion of small structures; and adopt a Resolution approving Conditional Use Permit (CUP25-12), Precise Development Plan (PDP25-09), and Vesting Tentative Parcel Map No. 84845 permitting two-unit residential condominium buildings in the Two Dwelling Units Per Lot Zone (R-1A) subject to conditions. Ayes (5): Chairperson Izant, Vice Chairperson Flaherty, Commissioner Hoffman, Commissioner McNally, and Commissioner Hirsh Motion Carried 7.c LOCATION- CITYWIDE - 26-CDD-007 PROJECT DESCRIPTION: A ZONING TEXT AMENDMENT (TA26-01), AMENDING CHAPTER 17.21 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS. CEQA: Find the action to be Statutorily Exempt from CEQA under Public Resources Code § 21080.17. Associate Planner Jake Whitney provided a presentation. Vice Chairperson Flaherty asked various questions. Planning Manager Alexis Oropeza provided information. Commissioner Hirsch requested that future code initiatives be redlined. Chairperson Izant mentioned that Section e. is missing a number. Commissioner Hoffman provided comments. In Person Public Comments: Page 9 of 162 5 • None Virtual Public Comments: • Anthony Higgins Moved by: Commissioner Hoffman Seconded by: Vice Chairperson Flaherty To determine that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (CEQA) under Public Resources Code Section 21080.17; and adopt a Resolution recommending that the City Council adopt the proposed ordinance. Ayes (5): Chairperson Izant, Vice Chairperson Flaherty, Commissioner Hoffman, Commissioner McNally, and Commissioner Hirsh Motion Carried 8. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Becker announced that the position of Administrative Assistant has been posted online, and that the Boards & Commissions Handbook will be circulated to the commission, and will then go to City Council for possible adoption. Director Becker mentioned that she received an email regarding the code section concerning convex slope determinations and is seeking history on the topic. Commissioner Hoffman provided comments. Vice Chairperson Flaherty provided comments. Chairperson Izant asked various questions City Attorney Sarah Locklin provided information. Chairperson Izant suggested that we follow the code and make no changes. 9. PLANNING COMMISSION COMMENTS 10. FUTURE AGENDA ITEMS Questions from Planning Commission members regarding the status of future agenda items. No discussion or debate of these requests shall be undertaken. 10.a PLANNING COMMISSION TENTATIVE FUTURE AGENDA 10.a.1 PLANNING COMMISSION TENTATIVE FUTURE AGENDA - 26-CDD- 015 (Planning Manager Alexis Oropeza) Page 10 of 162 6 Moved by: Commissioner Hoffman Seconded by: Commissioner Hirsh To receive and file the February 17, 2026, Planning Commission tentative future agenda. Ayes (5): Chairperson Izant, Vice Chairperson Flaherty, Commissioner Hoffman, Commissioner McNally, and Commissioner Hirsh Motion Carried 11. ADJOURNMENT The meeting was adjourned at 6:25 p.m. Page 11 of 162 City of Hermosa Beach | Page 1 of 10 Meeting Date: February 17, 2026 Staff Report No. 25-CDD-169 Honorable Chairperson and Members of the Hermosa Beach Planning Commission LOCATION: 74 PIER AVENUE PROJECT DESCRIPTION: REQUEST TO ADOPT A RESOLUTION TO MODIFY THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP25-13/APE25- 004) FOR ROBERT'S LIQUOR LOCATED AT 74 PIER AVENUE IN THE DOWNTOWN COMMERCIAL ZONE. CEQA: Determine the project is categorically exempt from the California Environmental Quality Act. (Assistant Planner Johnny Case & Code Enforcement Officer Suzanne Calderon) Recommended Action: Staff recommends the Planning Commission: 1. Determine the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 categorical exemption as defined in Section 15301 of the State CEQA Guidelines; and 2. Adopt a resolution to modify the conditions of a Conditional Use Permit (CUP25- 13/APE25-004) at the existing liquor store (Robert’s Liquor) located at 74 Pier Avenue in the Downtown Commercial (C-2) Zone (Attachment 1). Executive Summary: Following three alcohol-related violations involving the sale of alcoholic beverages to underage individuals between February 2024 and September 2025 at 74 Pier Avenue, the City initiated a Planning Commission review of the establishment’s Conditional Use Permit (CUP) in accordance with Hermosa Beach Municipal Code Chapter (HBMC) §17.70. At its October 21, 2025 Planning Commission meeting, Planning Commission directed staff to meet with business owners to discuss and implement steps to deter alcohol related violations. November 3, 2025, staff met in-person with the business owners to discuss business changes that have been implemented to deter alcohol related violations. Staff recommend that the Planning Commission hold a public hearing, consider public testimony, and modify the conditions of approval for the CUP. Background: The business, registered as Robert’s Liquor, is located at 74 Pier Avenue in the C-2 Zone (Attachments 2 and 3). According to city records the current owner began operating in October 1996. The liquor store is approved for operation from 8:00 a.m. to 2:00 a.m. daily. Page 12 of 162 City of Hermosa Beach | Page 2 of 10 In the C-2 zone, an establishment selling alcohol off-sale that is open between the hours of 11:01 p.m. and 2:00 a.m. requires a CUP. At its January 3, 1990, meeting, the Planning Commission adopted Resolution No. 90-2 which approved a CUP for off-sale alcohol sales at 74 Pier Avenue. The City Council held a public hearing on April 24, 1990, to consider the applicant’s appeal of Resolution No. 90-2. At its December 11, 1990, meeting, the City Council adopted Resolution No. 90-5357 which approved a CUP for off- sale alcohol sales at 74 Pier Avenue (Attachment 4). The conditions of approval of Resolution No. 90-5357 include, in relevant part: • Condition of Approval 2. The establishment shall not adversely affect the welfare of residents, and/or commercial establishments nearby. • Condition of Approval 3. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. • Condition of Approval 14. Any violation of the conditions and/or violation of the Hermosa Beach Municipal Code shall be grounds for an immediate revocation hearing and/or citation. • Condition of Approval 15. The police chief may determine that a continuing police problem exists and may authorize the presence of a police approved doorman and/or security personnel to eliminate the problem paid by the business. • Condition of Approval 20. The Planning Commission may review this conditional use permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. Past Commission and Council Actions Meeting Date Description Planning Commission: January 3, 1990 Planning Commission adopted Planning Commission Resolution 90-2 approving a CUP to allow off-sale general alcoholic beverage sales at this location. City Council: April 24, 1990 City Council held a public hearing to consider an appeal of Resolution 90-2. Page 13 of 162 City of Hermosa Beach | Page 3 of 10 Meeting Date Description Planning Commission: October 13, 2025 In response to the business owner’s request, the Planning Commission continued the item to the Planning Commission regular meeting of October 21, 2025. Planning Commission: October 21, 2025 Planning Commission directed staff to meet with business owners to discuss and implement steps to deter alcohol related violations. History of Police Activity at Robert’s Liquor. Hermosa Beach Police Department (HBPD) has documented multiple calls for service, violations of State law and the Municipal Code, and violations of the CUP at the establishment from approximately August 2023 through August 2025. The incidents are summarized as follows: • August 2023 - Present - The Hermosa Beach Police Department conducted multiple undercover operations targeting alcohol related crimes in the downtown district. The overwhelming majority of contacts and violations were from subjects who previously purchased alcohol at Robert’s Liquor (by observation or statement) prior to committing the violations. This is further supported by the business’ location in the downtown area, near parking lots and nightlife; coupled with this establishment being the only alcohol retail store open past midnight and until bar closing hours. • April 5, 2024 - California Department of Alcohol and Beverage Control conducted an undercover investigation resulting in the off-sale of alcohol to a minor, a violation of State law. • February 17, 2024 - Officers working an undercover operation observed a group of three juveniles exiting Robert’s Liquor with open containers of alcohol. Upon being contacted by Officers, the juveniles advised they were 17 years of age and were all in possession of fraudulent California Driver’s licenses, a violation of State law. Officers were able to immediately identify the identification cards as fraudulent; however, employees at Roberts Liquor appeared to be unable to distinguish the difference. • March 2024 – The Hermosa Beach Police Department received a tip (via email) from a concerned resident about Robert’s liquor and their “Continual sales of alcohol to minors.” Page 14 of 162 City of Hermosa Beach | Page 4 of 10 • August 2024 - Hermosa Beach Police Department observed multiple patrons, four young adults and three minors enter Robert’s Liquor and one of the adults purchased alcohol. The group later walked to their vehicle in a nearby parking lot. The four adults later patronized other establishments in the Pier Plaza area while the minors stayed in and near the vehicle with the alcohol. • August 8-9, 2025 - California Department of Alcohol and Beverage Control (ABC) conducted an undercover investigation resulting in the off-sale of alcohol to a minor, a violation of State law. Hermosa Beach Police Department, while assisting ABC, issued several citations for possession of alcohol in public. On September 11, 2024, the Chief of Police and the Community Development Director met with the business owner of Robert’s Liquor, Dung Tran, to discuss the establishment’s operations, recent alcohol-related violations, the Conditional Use Permit conditions of approval and the Planning Commission’s review authority and ability to modify or revoke the approval. Additionally, a letter detailing the alcohol-related violations at Robert’s Liquor was provided to the business owner, alerting the business owner of the City’s concerns, and reminding the business owner of the Planning Commission’s review authority (Attachment 5). On August 8, 2025, and August 9, 2025, California Department of Alcohol and Beverage Control (ABC) conducted an undercover investigation resulting in the off-sale of alcohol to a minor, a violation of State law. Hermosa Beach Police Department, while assisting ABC, issued several citations for possession of alcohol in public. On September 11, 2025, in light of violations of the CUP, State law, and the HBMC at the establishment despite the City’s previous intervention with the business owner, the Chief of Police transmitted a memorandum to the Community Development Department requesting a review of the CUP by the Planning Commission (Attachment 6) due to the recurrence of alcohol-related violations. On October 13, 2025, in response to the business owner’s request, the Planning Commission continued the item to the Planning Commission regular meeting of October 21, 2025 On October 21, 2025, the Planning Commission held a public hearing to consider modification of the conditions of approval of the CUP. The Planning Commission continued the item, requesting that staff meet with the business owner to discuss operational improvements that could be made to strengthen business practices. On November 3, 2025, Police Department and Community Development staff met in- person with the business owner and developed a list of business changes that should be Page 15 of 162 City of Hermosa Beach | Page 5 of 10 implemented. Staff have verified the business owner purchased and installed two identification scanner machines capable of scanning identification cards. The machines assist employees with identifying fraudulent identification cards. The business owner provided staff copies of Certificates of Completion for the California Department of Alcoholic Beverage Control Licensee Education on Alcohol and Drugs (LEAD) training for the business owner and employees. The business owner posted signs in a conspicuous place, warning patrons of various alcohol related violations (Attachment 10). Discussion: CUP conditions of approval and Hermosa Beach Municipal Code Section, 17.70.010 establish the Planning Commission’s authority to review, revoke or modify an approved CUP. As outlined above, the CUP was reviewed by the Planning Commission in October of 2025 following an incident involving the repeated sale of alcohol to minors with the most recent incident occurring on August 8, 2025 (Attachments 7, 8, and 9). While the business owner has voluntarily implemented changes in business practices at the request of the Planning Commission, the Chief of Police in a memo dated January 12, 2026, requests an amendment to the conditions of approval (Attachment 12). The amendment of the conditions of approval would formally incorporate these practices, conditions of approval that are enforceable and tied to the property, not just to one particular business owner. The recommended conditions of approval would require employees and management to complete additional training, video surveillance of the establishment, and posting of informational signage. Findings Under Municipal Code: Pursuant to Section 17.70.010 of the Municipal Code, the Planning Commission may, (after a public hearing held in the manner prescribed in Chapter 17.68 of the HBMC governing conditional use permits), revoke or modify any permit if any one of the following seven listed findings can be made: A. That the approval was obtained by fraud; B. That the use or activity for which such approval was granted has permanently ceased to exist as evidenced by demolition, alteration, subsequent use of the space, or similar conditions; C. That the use or activity for which such approval was granted has been suspended or dormant for longer than twelve (12) consecutive months, excluding time during which the property owner can demonstrate: a. The city had pending before it an application for a permit or land use entitlement directly related to, or for the purpose of, conducting said use; or Page 16 of 162 City of Hermosa Beach | Page 6 of 10 b. A valid building permit directly related to said use or activity was in effect and was being diligently pursued; or c. The property owner has been actively negotiating to sell the property, as evidenced by a purchase and sale agreement, proof of escrow, or other similar binding agreements, or the property is subject to a binding lease with a tenant who is diligently pursuing a business to re-establish the use on the site. D. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; E. That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; F. That the circumstances under which the permit was granted have been changed by the owner or operator to such a degree that one or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or G. That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety and welfare merit modification of the permit. Staff has determined, and recommends that the Planning Commission find, that three of the seven findings can be made in support of the modification of the CUP as detailed below: D. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; The CUP, which allows for the off-sale service of alcohol, has been exercised contrary to state law and local regulations; the documented violations have included the sale of alcohol to underage individuals three times between February 2024 and August 2025. The applicant has not complied with multiple conditions of the CUP as documented in the Police Incident reports dated August 9, 2025, including the following: • Condition of Approval 2. The establishment shall not adversely affect the welfare of residents, and/or commercial establishments nearby. Page 17 of 162 City of Hermosa Beach | Page 7 of 10 • Condition of Approval 3. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. The CUP violations pertain to the following:  February 17, 2024 – Officers working an undercover operation observed a group of three juveniles exiting Robert’s Liquor with open containers of alcohol. Upon being contacted by Officers, the juveniles advised they were 17 years of age and were all in possession of fraudulent California Driver’s licenses, a violation of State law. Officers were able to immediately identify the identification cards as fraudulent; however, employees at Roberts Liquor appeared to be unable to distinguish the difference.  April 5, 2024 – California Department of Alcohol and Beverage Control conducted an undercover investigation resulting in the off-sale of alcohol to a minor, a violation of State law.  August 8-9, 2025 – California Department of Alcohol and Beverage Control conducted an undercover investigation resulting in the off-sale of alcohol to a minor, a violation of State law. Hermosa Beach Police Department while assisting ABC, issued several citations for possession of alcohol in public. E. That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; The CUP allows for the sale of alcoholic beverages at an existing liquor store. The CUP has operated in a manner detrimental to public health and safety. There are three documented alcohol-related CUP violations involving the sale of alcohol to underage individuals between February 2024 and August 2025. The business operations give rise to a public nuisance involving the sale of alcohol to underage individuals, which is detrimental to public health and safety. G. That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety, and welfare merit modification of the permit. As a result of the establishment’s alcohol sales infractions that included serving alcoholic beverages to underage individuals in 2024, ABC administratively issued fines to the licensee. In addition, the business owner was provided with a letter outlining the HBPD and ABC violations from the Community Development Director on September 11, 2024. The letter referenced conditions of the governing CUP, Page 18 of 162 City of Hermosa Beach | Page 8 of 10 City Council Resolution 90-5357 that must be adhered to in order to maintain their CUP, including the following conditions: • Condition of Approval 2. The establishment shall not adversely affect the welfare of residents, and/or commercial establishments nearby. • Condition of Approval 3. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. • Condition of Approval 15. The police chief may determine that a continuing police problem exists and may authorize the presence of a police approved doorman and/or security personnel to eliminate the problem paid by the business. Despite the City’s attempts to intervene without initiating formal review of the CUP and reminding the business owner of the business’s obligations under the CUP conditions of approval and the City’s ability to review, revoke, and/or modify the CUP, the current conditions of approval have been inadequate to mitigate the impacts of use and modification of use. To prevent a recurrence of these violations, modification of the CUP conditions of approval is necessary. This includes incorporating conditions of approval that require staff training in the selling of alcoholic beverages, and requiring the use of technology to verify identification. Findings Under Conditional Use Permit. Additionally, Resolution No. 90-5357 provides that action may be taken on the CUP if provisions of the CUP, State law, and the HBMC are violated. In particular, the Resolution provides:  Condition of Approval 14. Any violation of the conditions and/or violation of the Hermosa Beach Municipal Code shall be grounds for an immediate revocation hearing and/or citation.  Condition of Approval 20. The Planning Commission may review this conditional use permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. HBPD has documented multiple violations of the CUP since approximately April 2023. The City made an effort to obtain compliance from the business owner in September 2024 without initiating formal review of the CUP, by both meeting with the business owner and providing a written letter notifying the owner of the violations of the CUP and the City’s Page 19 of 162 City of Hermosa Beach | Page 9 of 10 ability to call the CUP for review. Despite the City’s efforts, violations at the business have persisted. Under Condition of Approval 14 and Condition of Approval 20, the Planning Commission is entitled to review the CUP and revoke or amend the CUP to impose new conditions necessary to mitigate detrimental effects on the neighborhood. Environmental Analysis: Pursuant to the California Environmental Quality Act (CEQA), the proposed project qualifies for a Class 1 categorical exemption, Existing Facilities as defined in section 15301 of the CEQA Guidelines, as it consists of the operation, repair, maintenance, Public Notification: For the February 17, 2026, Planning Commission hearing a legal ad was published, in the Easy Reader, a newspaper of general circulation. For the February 17, 2026, Planning Commission hearing, a total of 690 public hearing notices were mailed to the applicant, and occupants and property owners of properties within a 500-foot radius on February 4, 2026. On February 4, 2026, a notice was posted on-site in accordance with HBMC §17.68.050. Public notification materials are included as Attachment 13. As of the writing of the report, staff have received no public comments. Next Steps: In accordance with HBMC Section 17.56.100, the Planning Commission’s decision may be appealed to the City Council. The appeal period commences 10 days following the City Council receiving the meeting minutes of the February 17th meeting of the Planning Commission. Any project that is appealed would be duly noticed in accordance with the HBMC. Attachments: 1. Draft Resolution 26-XX 2. Zoning Map 3. Floor Plan 4. City Council Resolution 90-5357 5. Community Development Director Letter - September 11, 2024 6. Memorandum from Police Department - September 11, 2025 7. Hermosa Beach Police Department Report DR#25-001909- August 9, 2025 8. Department of Alcoholic Beverage Control Report 25-03-047 9. Calls for Service 2022 to October 2, 2025 10. Photographs of ID Scanners Implemented and Signs posted at 74 Pier Avenue 11. Community Development Director Letter – September 17, 2025 12. Memorandum from Police Department- January 12, 2026 13. Public Notification Materials Respectfully Submitted by: Suzanne Calderon, Code Enforcement Officer Page 20 of 162 City of Hermosa Beach | Page 10 of 10 Concur: Johnny Case, Assistant Planner Concur: Alexis Oropeza, Planning Manager Legal Review: Sarah Locklin, Interim Assistant City Attorney Approved: Alison Becker, AICP, Community Development Director Page 21 of 162 Page 1 of 13 RES NO. 26-XX CITY OF HERMOSA BEACH RESOLUTION NO. 26-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT (CUP 25-13, APE25-004) FOR OFF-SALE ALCOHOL AT AN EXISTING LIQUOR STORE (ROBERT’S LIQUOR) LOCATED AT 74 PIER AVENUE IN THE DOWNTOWN COMMERCIAL (C-2) ZONE, AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The Planning Commission of the City of Hermosa Beach does hereby resolve, and order as follows: WHEREAS, on December 11, 1990, the City Council adopted Resolution No. 905357, approving off-sale alcohol (beer, wine and distilled spirits) at 74 Pier Avenue, commonly known as Robert’s Liquor; and WHEREAS, on February 17, 2024, Hermosa Beach Police Department (HBPD) officers working an undercover operation observed a group of three juveniles exiting Robert’s Liquor with open containers of alcohol. Upon being contacted by Officers, the juveniles advised they were 17 years of age and were all in possession of fraudulent California Driver’s licenses, a violation of State law; and WHEREAS, on April 5, 2024, the California Department of Alcoholic Beverage Control (ABC) conducted an undercover investigation at Robert’s Liquor, resulting in the off-sale of alcohol to a minor; and WHEREAS, on September 11, 2024, the business owner Mr. Dung Tran was notified via a letter of the sale of alcohol to underage individuals, and was reminded that staff may report the violations to the Planning Commission at their October 15, 2024, meeting; and WHEREAS, on September 11, 2024, in an attempt to prevent further violations at the business, the City’s Chief of Police and Community Development Director met with the business owner to discuss the establishment’s operations, recent alcohol-related Page 22 of 162 Page 2 of 13 RES NO. 26-XX violations, the Conditional Use Permit conditions of approval and the Planning Commission’s review authority and ability to modify or revoke the approval; and WHEREAS, on August 8, 2025, ABC and HBPD conducted compliance checks in the City, resulting in several violations associated with the business at 74 Pier Avenue including sale of alcohol to a minor; and WHEREAS, on September 11, 2025, the Police Chief transmitted a request for modification of the Conditional Use Permit, based on a continued policing problem; and WHEREAS, on September 17, 2025, the business owner was notified via a hand delivered letter of the sale of alcohol to underage individuals, and made aware that the City was preparing the matter to be heard at the October 13, 2025, Planning Commission meeting; and WHEREAS, on October 13, 2025, the Planning Commission continued the matter to its regular meeting of October 21, 2025, to provide the applicant additional time to prepare for the Planning Commission meeting; and WHEREAS, on October 21, 2025, the Planning Commission continued the matter to a future date, and directed City staff to meet with the business owner to discuss business practices that could be implemented to reduce occurrences of alcohol related violations; and WHEREAS, on February 17, 2026, pursuant to Hermosa Beach Municipal Code (HBMC) section 17.70.010, the Planning Commission held a public hearing to consider the revocation or modification of the CUP approving off-sale alcohol (beer, wine and distilled spirits) at 74 Pier Avenue, and received oral and written testimony regarding the item; and WHEREAS, the proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15301 of the CEQA guidelines for Existing Facilities as the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Moreover, none of the exceptions to the categorical exemption(s) apply, nor Page 23 of 162 Page 3 of 13 RES NO. 26-XX would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environment due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The Planning Commission finds that the foregoing recitals are true and correct, and are incorporated herein. SECTION 2 Based on the testimony and evidence received, the Planning Commission hereby further finds, determines and declares the following pertaining to the modification of a Conditional Use Permit, pursuant to HBMC Section 17.70.010: D. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; The CUP, which allows for the off-sale service of alcohol at an establishment, has been exercised contrary to state law and local regulations; the documented violations have included the sale of alcohol to underage individuals three times between February 2024 and August 2025. The applicant has not complied with multiple conditions of the CUP as documented in the Police Incident reports dated August 9, 2025, including the following: • Condition of Approval 2. The establishment shall not adversely affect the welfare of residents, and/or commercial establishments nearby. • Condition of Approval 3. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. The CUP violations pertain to the following: Page 24 of 162 Page 4 of 13 RES NO. 26-XX • February 17, 2024 – Officers working an undercover operation observed a group of three juveniles exiting Robert’s Liquor with open containers of alcohol. Upon being contacted by Officers, the juveniles advised they were 17 years of age and were all in possession of fraudulent California Driver’s licenses, a violation of State law. Officers were able to immediately identify the identification cards as fraudulent; however, employees at Roberts Liquor appeared to be unable to distinguish the difference. • April 5, 2024 – California Department of Alcohol and Beverage Control conducted an undercover investigation resulting in the off-sale of alcohol to a minor, a violation of State law. • August 8-9, 2025 – California Department of Alcohol and Beverage Control conducted an undercover investigation resulting in the off-sale of alcohol to a minor, a violation of State law. Hermosa Beach Police Department while assisting ABC, issued several citations for possession. E. That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; The CUP allows for the sale of alcoholic beverages at an existing liquor store. The CUP has operated in a manner detrimental to public health and safety. There are three documented alcohol-related CUP violations involving the sale of alcohol to underage individuals between February 2024 and August 2025. The business operations contribute to a public nuisance involving the sale of alcohol to underage individuals which is detrimental to the public health, and safety. G. That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety, and welfare merit modification of the permit. As a result of the establishment’s alcohol sales infractions that included serving alcoholic beverages to underage individuals in 2024, ABC administratively issued fines to the licensee. In addition, the business owner was provided with a letter Page 25 of 162 Page 5 of 13 RES NO. 26-XX outlining the HBPD and ABC violations from the Community Development Director on September 11, 2024. The letter referenced conditions of the governing CUP, City Council Resolution 90-5357 that must be adhered to in order to maintain their CUP including the following conditions: • Condition of Approval 2. The establishment shall not adversely affect the welfare of residents, and/or commercial establishments nearby. • Condition of Approval 3. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. • Condition of Approval 15. The police chief may determine that a continuing police problem exists and may authorize the presence of a police approved doorman and/or security personnel to eliminate the problem paid by the business. Despite the City’s attempts to intervene without initiating formal review of the CUP by reminding the business owner of the business’s obligations under the CUP conditions of approval and the City’s ability to review, revoke, and/or modify the CUP, the current conditions of approval have been inadequate to mitigate the impacts of use. To prevent the recurrence of these violations, modification of the CUP conditions of approval is necessary. This includes incorporating conditions of approval requiring staff training in the sales of alcoholic beverages and requiring the use of technology in verifying identification. SECTION 3. Based on the testimony and evidence received, the Planning Commission hereby further finds, determines and declares the following pertaining to the modification of a Conditional Use Permit, pursuant to City Council Resolution 90-5357: • Condition of Approval 14. Any violation of the conditions and/or violation of the Hermosa Beach Municipal Code shall be grounds for an immediate revocation hearing and/or citation. Page 26 of 162 Page 6 of 13 RES NO. 26-XX As described in Section 1 of this Resolution, HBPD and ABC have documented multiple instances of the sale of alcohol to underage individuals, a violation of State law. These activities also rise to violations of the CUP conditions, including adversely affecting the welfare of residents, and commercial establishments nearby and failing to provide adequate management and supervision of the business. Therefore, the Planning Commission is within its rights and abilities under Condition of Approval 14 to hold a hearing for the potential revocation of the CUP. • Condition of Approval 20. The Planning Commission may review this conditional use permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. As described in Section 1 of this Resolution, HBPD and ABC have documented multiple instances of the sale of alcohol to underage individuals, a violation of State law, which also rise to violations of the CUP conditions. Despite the City’s attempts prevent further violations without initiating formal review of the CUP, violations at the business have persisted, and the current conditions of approval have been inadequate to mitigate the impacts of use. As such, modification of the CUP conditions of approval is necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. SECTION 4. Based on the evidence received at the public meeting, the Planning Commission hereby finds, determines, and declares that the use has operated in a manner inconsistent with the approved Conditional Use Permit Amendment and contrary to the General Plan - Public Safety Element. General Plan Consistency: Public Safety Element Goal 5. High quality police and fire protection services provided to residents and visitors. Page 27 of 162 Page 7 of 13 RES NO. 26-XX Policy: 5.8 Nuisance Abatement. Encourage Police Department review of uses which may be characterized historically by high levels of nuisance (noise, nighttime patronage, and/or rates of criminal activity) providing for conditions of control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses. The business failed to adhere to the conditions of approval, resulting in the serving of alcohol to underage individuals on three occasions. Additionally, during investigations by ABC and HBPD in August 2025, ABC and HBPD issued several citations for possession of an open alcohol container in public to individuals that purchased from Robert’s Liquor. The conditions of approval have been inadequate to mitigate the impacts of use and modification of the CUP is necessary. SECTION 5. Based on the foregoing, the Planning Commission hereby approves the Conditional Use Permit Amendment Case No. APE25-004 subject to the following conditions, which shall supersede and replace in their entirety the Conditions of Approval in City Council Resolution 90-5357: 1. The business shall be maintained and operated in full compliance with the conditions of this CUP and any law, statue, ordinance, or other regulation hereafter adopted that is applicable to any development or activity on the property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 2. The business shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 3. The hours of operation for all operations of the establishment shall be limited to between 8:00 A.M. and 2:00 A.M. daily. 4. Alcoholic beverages shall only be sold to individuals over the age of 21 years old. 5. Within two weeks of final approval, the business owner shall install, utilize and maintain technology recommended by the California Department of Alcoholic Page 28 of 162 Page 8 of 13 RES NO. 26-XX Beverage Control to assist in identifying fraudulent identification cards. This device shall be maintained in operational condition at all times and all employees shall be instructed in its use. 6. Noise emanating from the property shall be within the limitations prescribed by the City’s Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.24) and shall not create a nuisance to surrounding residential neighborhoods and/or commercial establishments. 7. The business shall employ adequate staffing and management/supervision to prevent serving underage persons, persons who are or appear to be intoxicated, and loitering, unruliness, and boisterous behavior by patrons both inside and outside on the business premises during business hours. 8. A copy of the Conditional Use Permit shall be maintained on the premise in a location where employees can easily read the conditions. 9. The exterior of the premises shall be maintained in a neat and clean manner and free of graffiti at all times. 10. 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” 11. 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 Page 29 of 162 Page 9 of 13 RES NO. 26-XX 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 (i.e., 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 curtail the violations until the time that the matter is brought before the Planning Commission. These modified or additional operational requirements include, but are not limited to, a reduction in operating hours, required number of staff members during operating hours, additional training for staff, and/or any other measures deemed appropriate by the Police Chief. The Police Chief’s determination will remain in effect until considered by the Planning Commission. The Planning Commission shall consider the Police Chief’s determination within a reasonable time from the date the modified or additional operational requirements are imposed by the Police Chief, and determine whether this CUP should be amended to permanently incorporate such modified or additional operation requirements. 12. Management and all employees shall successfully complete ABC Licensee Education on Alcohol and Drugs (LEAD) training or equivalent as determined by Chief of Police. Training shall be completed within 30 days of final approval of the CUP and within 30 days of the employee's start of employment. The business shall maintain records that management and employees have participated in the required training. Records shall be maintained for all current employees. Records for any former employee shall be maintained for a period of not less than two years after departure. Records shall be made available upon request for review by the Community Development Director, Chief of Police, or designee. 13. Any changes to the interior and/or exterior floorplan shall be subject to review and approval of the Planning Commission. Page 30 of 162 Page 10 of 13 RES NO. 26-XX 14. Adult magazines and all printed matter coming within the definition of Section 313 of the California Penal Code shall be located for sale only behind the counter and shall be stored in racks covered by modest panels. 15. No alcoholic beverages shall be sold from any temporary location on the premises such as ice tubs, barrels, or any other containers. 16. The business shall install and maintain a video surveillance system that monitors within the interior of the business and the immediate area. The video system must be capable of delineating on playback the activity and physical features of persons and areas within the premises and immediate area. Recording shall be retained for a minimum of sixty (60) days and video will be available to Police Department upon request. At the discretion of the Chief of Police, Licensee may be required to add additional video cameras. 17. The provisions of this Conditional Use Permit shall take effect immediately upon adoption by the Planning Commission and upon completion of the applicable appeal period, should no appeal be filed. i. Within two weeks of the City’s final action the business owner and property owner shall file for permit approval, waiver, or exemption with the California Coastal Commission (CCC). Documentation showing confirmation of the submittal to the CCC shall be submitted to planning@hermosabeach.gov. ii. Within 45-days of the City’s final action on the CUP amendment, the property owner and business shall sign a notice of acknowledgment form available from the Community Development Department, record a signed and notarized copy of the property owner’s acknowledgment with the Los Angeles County Recorder’s office and provide proof of recordation to planning@hermosabeach.gov. 18. The operation of the business shall comply with all Ordinances, regulations and laws applicable to a business of this kind in effect at of the date hereof or hereafter adopted. In addition to any other remedy available at law, in equity or Page 31 of 162 Page 11 of 13 RES NO. 26-XX as provided in the Municipal Code, in the event of (i) any significant material violation, or (ii) any repeated, continuous or sustained violation of any condition of approval of this Conditional Use Permit, the business shall be required to reimburse the City fully for its costs and expenses, including by not limited to attorney’s fees, in undertaking any such corrective action. Reimbursement of enforcement cost 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 for the business until such violation has been fully remedied. 19. To reduce marine debris associated with take-out containers, the establishment shall not use take-out containers with a “No. 6” recycle code or use certain polystyrene products, single-use plastic products, and single-use products in compliance with HBMC Chapter 8.64. 20. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought. 21. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. SECTION 6. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all other conditions shall remain valid and enforceable. Page 32 of 162 Page 12 of 13 RES NO. 26-XX SECTION 7. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Planning Commission hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after exhaustion of any available administrative remedies, must be made within 90 days after the final decision by the City Council. The Hermosa Beach City Council may, on its own initiative, review all actions of the Planning Commission. If the City Council does not initiate review of this decision as set forth in Hermosa Beach Municipal Code Section 2.52.040, this decision will become final. PASSED, APPROVED, and ADOPTED on this 17th day of February, 2026. ______________________________________________________________________________ VOTE: AYES: NOES: ABSTAIN: ABSENT: Page 33 of 162 Page 13 of 13 RES NO. 26-XX CERTIFICATION I hereby certify that the foregoing Resolution P.C. 26-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of February 17, 2026. ________________________________ ________________________________ Stephen Izant, Chairperson Alison Becker, Secretary Date: __________________ Page 34 of 162 Beach D r HermosaAve10 t h St 8th StPalm Dr 13th St 9th StBeach D r BeachDr Ma n hattanAve11th St P ie r A v e 11th St 15th St 14th St Oak St Monterey B lvdLomaDr Sunset DrTheSt r andManhattanAve 9th Ct 10th Ct 12th Ct 11th Ct 15th Ct 13th Ct 13th St 14th Ct Pier Plaza Bayview DrLoma DrZoning MapPlanning Commission Meeting February 17, 2026 74 Pier Ave APN: 4187-005-012 Zone: C-2 Downtown Commercial Conditional Use Permit Amendment (CUP25-13/ APE25-004) Description Legend R-1 Single Family Residential R-1A Limited Single-Family Residential R-2 Two Family Residential R-2B Limited Multiple Family Residential R-3 Multiple Family Residential R-P Residential-Professional RPD Residential Planned Development R-3PD Multiple Family Planned Development C-1 Neighborhood Commercial C-2 Downtown Commercial C-3 General Commercial M-1 Light Manufacturing OS Open Space OS-1 Restricted Open Space OS-2 Restricted Open Space OS-O Open Space Overlay MHP Mobile Home Park SPA Specific Plan Area (Residential) SPA Specific Plan Area (Commercial) -HE Housing Element Overlay 500' Notification Radius Page 35 of 162 Page 36 of 162 Page 37 of 162 Page 38 of 162 Page 39 of 162 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Page 1 of 3 September 11, 2024 Dung Tran Robert’s Liquor 74 Pier Avenue Hermosa Beach, CA 90254 Subject: Report of Alcohol Violations to Planning Commission – 2023 to 2024 Dear Dung, The Community Development Department has received communication from the Police Department indicating that alcohol-related violations at your business, Robert’s Liquor, 74 Pier Avenue, constitute a continuing policing problem. Specifically, there have been several alcohol-related violations in the past eighteen months, including but not limited to: • April 5, 2024 – California Department of Alcohol and Beverage Control conducted an undercover investigation resulting in the off-sale of alcohol to a minor, a violation of State law. • August 2023 to Present – The Hermosa Beach Police Department conducted multiple undercover operations targeting alcohol related crimes in the downtown district. The overwhelming majority of contacts and violations were from subjects who previously purchased alcohol at Robert’s Liquor (by observation or statements) prior to committing the violations. This is further supported by the business’s close proximity to the downtown area, parking lots and nightlife; coupled with this location being the only alcohol retail store open past midnight and into bar closing hours. • February 17, 2024 – Officers working an undercover operation observed a group of three juveniles exiting Robert’s Liquor with open containers of alcohol. Upon being contacted by Officers, the juveniles advised they were 17 years of age and were all in possession of fraudulent California Driver’s licenses, a violation of State law. Officers were able to immediately identify the identification cards as fraudulent; however, employees at Roberts Liquor appeared to be unable to distinguish the difference. • March 2024 – The Hermosa Beach Police Department received a tip (via email) from a concerned resident about Robert’s liquor and their “Continual selling of alcohol to minors.” • August 2024 – Hermosa Beach Police Department observed multiple patrons, four young adults and three minors enter Robert’s Liquor and one of the adults purchased alcohol. The group later walked to their vehicle in a nearby parking lot. The four adults later patronized other establishments in the Pier Plaza area while the minors stayed in and near the vehicle with the alcohol. Page 40 of 162 City of Hermosa Beach Page 2 of 3 Your business operates under Conditional Use Permit (CUP) detailed in Resolution #90-5357. The CUP includes conditions of approval which must be adhered to in order to maintain your CUP. Among these conditions: • Condition of Approval 2. The establishment shall not adversely affect the welfare of residents, and/or commercial establishments nearby. • Condition of Approval 3. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. • Condition of Approval 14. Any violation of the conditions and/or violation of the Hermosa Beach Municipal Code shall be grounds for an immediate revocation hearing and/or citation. • Condition of Approval 15. The police chief may determine that a continuing police problem exists, and may authorize the presence of a police approved doorman and/or security personnel to eliminate the problem paid by the business. • Condition of Approval 20. The Planning Commission may review this conditional use permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. At this time, the Police Department has determined a continuing policing problem exists. We are requesting that Robert’s Liquor work with the City on an interim solution to minimize and deter any more alcohol-related incidents in Hermosa Beach. Furthermore, staff may report the violations to the Planning Commission at their regularly scheduled meeting on October 15, 2024. As indicated in Section 17.70.010 of the Municipal Code, the Planning Commission may also request a public hearing to revoke all or portions of the CUP. If the CUP is revoked, the business may no longer be permitted to serve alcohol. For ·your reference, we have attached the CUP for your business, and the referenced section of the Municipal Code. Should you have any questions regarding this matter, please contact me at (310) 318-0231. Thank you. Sincerely, Carrie Tai, AICP Community Development Director City of Hermosa Beach Page 41 of 162 City of Hermosa Beach Page 3 of 3 Cc: Paul LeBaron, Police Chief Pat Donegan, City Attorney Landon Phillips, Police Captain Mick Gaglia, Police Lieutenant Guy Dove, Police Sargent Alexis Oropeza, Planning Manager Guillermo Hobelman, Building and Code Enforcement Official File: 74 Pier Avenue Attachments: Conditional Use Permit (Resolution # 90-5357) Municipal Code Section 17.70.010 Page 42 of 162 Page 43 of 162 Page 44 of 162 Page 45 of 162 Page 46 of 162 Page 47 of 162 Page 48 of 162 Page 49 of 162 Page 50 of 162 Page 51 of 162 Page 52 of 162 Page 53 of 162 Page 54 of 162 Page 55 of 162 Page 56 of 162 Page 57 of 162 Page 58 of 162 Page 59 of 162 Page 60 of 162 Page 61 of 162 Page 62 of 162 Page 63 of 162 Page 64 of 162 Page 65 of 162 Page 66 of 162 Page 67 of 162 Page 68 of 162 Page 69 of 162 Page 70 of 162 Page 71 of 162 Page 72 of 162 Page 73 of 162 Page 74 of 162 Page 75 of 162 Call_No Rec'd Date Rec'd Time Orig Call Call Type Report_No Location Disposition 222740031 10/01/22 004521 CKWEL CKWEL 74 PIER PZ ADAST 222740062 10/01/22 014350 SS SS 74 PIER PZ CMC 222800607 10/07/22 150344 SS SS 74 PIER PZ ADAST 222810751 10/08/22 202015 647F 647F 74 PIER PZ ADAST 222850484 10/12/22 134052 SS SS 74 PIER PZ CMC 222890062 10/16/22 015003 SS SS 74 PIER PZ ADAST 223020703 10/29/22 213941 SS SS 74 PIER PZ CMC 223030012 10/30/22 001239 SS SS 74 PIER PZ VEHMC 223030025 10/30/22 002205 SS SS 74 PIER PZ VEHMC 223030107 10/30/22 014229 SS 220002500SS 74 PIER PZ REPT 223090280 11/05/22 114603 SS SS 74 PIER PZ ADAST 223120161 11/08/22 070643 CKWEL CKWEL 74 PIER PZ ADAST 223120251 11/08/22 085941 CKWEL CKWEL 74 PIER PZ ADAST 223280025 11/24/22 010420 SS SS 74 PIER PZ ADAST 223290356 11/25/22 133028 SS SS 74 PIER PZ CMC 223300334 11/26/22 115301 SS SS 74 PIER PZ ADAST 223300338 11/26/22 115617 SS SS 74 PIER PZ ADAST 223570030 12/23/22 012007 FLAG FLAG 74 PIER PZ CMC 230210036 01/21/23 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BKG 240690481 03/09/24 134214 OTHER 240000553OTHER 74 PIER PZ CMC Page 1 of 310/2/2025 P:\Crystal Reports\CFS by Location and Call Type.rptPage 76 of 162 Call_No Rec'd Date Rec'd Time Orig Call Call Type Report_No Location Disposition 240690567 03/09/24 151119 OTHER OTHER 74 PIER PZ OTHER 240940708 04/03/24 155126 NARC NARC 74 PIER PZ GOAUTL 240960718 04/05/24 210837 OTHER OTHER 74 PIER PZ ADAST 241180781 04/27/24 222529 SS SS 74 PIER PZ CMC 241240854 05/03/24 224704 SS SS 74 PIER PZ ADAST 241680275 06/16/24 113322 PRES PRES 74 PIER PZ DUP 241700655 06/18/24 162437 FLAG 240001402FLAG 74 PIER PZ REPT 241710371 06/19/24 104128 487R 240001402487R 74 PIER PZ GOAUTL 241790792 06/27/24 192603 CODE-6 CODE-6 74 PIER PZ ADAST 241860951 07/04/24 213751 242 242 74 PIER PZ ADAST 242020673 07/20/24 212124 415 415 74 PIER PZ ADAST 242280611 08/15/24 143537 PRES PRES 74 PIER PZ CANC 242580072 09/14/24 020305 SS SS 74 PIER PZ CMC 242970792 10/23/24 182220 415 415 74 PIER PZ GOAUTL 242980952 10/24/24 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08/08/25 222629 SS SS 74 PIER PZ CMC 252200892 08/08/25 233457 SS SS 74 PIER PZ CMC 252200902 08/08/25 234140 SS SS 74 PIER PZ CMC 252200907 08/08/25 234909 SS SS 74 PIER PZ CMC 252200912 08/08/25 235412 SS SS 74 PIER PZ CMC 252200918 08/08/25 235812 SS SS 74 PIER PZ CMC Page 2 of 310/2/2025 P:\Crystal Reports\CFS by Location and Call Type.rptPage 77 of 162 Call_No Rec'd Date Rec'd Time Orig Call Call Type Report_No Location Disposition 252210006 08/09/25 000421 SS SS 74 PIER PZ CMC 252210009 08/09/25 001359 SS SS 74 PIER PZ CMC 252210011 08/09/25 001629 CODE-6 250001909CODE-6 74 PIER PZ REPT 252220083 08/10/25 014722 415 250001922415 74 PIER PZ REPT 252340962 08/22/25 230426 SS SS 74 PIER PZ ADAST 252410812 08/29/25 215219 SS SS 74 PIER PZ CMC 252570034 09/14/25 012044 242 242 74 PIER PZ ADAST 252570041 09/14/25 013346 FLAG FLAG 74 PIER PZ ADAST 252710557 09/28/25 171007 SS SS 74 PIER PZ ADAST # Calls For Service 125 # Reports 27 Page 3 of 310/2/2025 P:\Crystal Reports\CFS by Location and Call Type.rptPage 78 of 162 Page 79 of 162 Page 80 of 162 Page 81 of 162 Page 82 of 162 Page 83 of 162 Page 84 of 162 Page 85 of 162 Page 86 of 162 Page 87 of 162 Page 88 of 162 Page 89 of 162 Page 90 of 162 Page 91 of 162 Page 92 of 162 Page 93 of 162 Page 94 of 162 Page 95 of 162 Page 96 of 162 Page 97 of 162 Page 98 of 162 Page 99 of 162 Page 100 of 162 Page 101 of 162 Page 102 of 162 Page 103 of 162 Page 104 of 162 Page 105 of 162 Page 106 of 162 Page 107 of 162 Page 108 of 162 HERMOSA BEACH POLICE DEPARTMENT MEMORANDUM To: Community Development Director Alison Becker From: Chief Landon Phillips Date: January 12, 2026 Re: Roberts Liquor CUP Review Information: On August 8, 2025, the Department of Alcoholic Beverage Control (ABC) and the Hermosa Beach Police Department conducted an ABC enforcement/compliance operation in the city of Hermosa Beach. During the operation, ABC Agent Connolly observed a young male carrying a 12 pack of an alcoholic beverage and exiting Robert’s Liquor at 74 Pier Plaza. The male was contacted, and an investigation revealed the subject was in possession of a fake identification card and was only 17 years old, a violation of 25662(a)BP- minor in possession of alcohol. An ABC “backtrack investigation” was conducted and the investigation concluded the clerk had not conducted an adequate check of the identification card. ABC completed a full report (LB-10153996), a redacted copy is attached, due to the confidentiality of the names and minor involved. Agent Connolly recommended an administrative filing against the licensee, Tran, Dung Quoc for violation of 25658(a)BP- Sales of Alcohol to a Minor. ABC was able to acquire video of this sale, which shows the underage male subject purchasing the alcohol from Roberts Liquor. On November 4, 2025, ABC filed a charge of 25658(a) BP. The penalty for the violation was a 25-day suspension of the liquor license at Robert’s Liquor. Robert’s Liquor did not appeal and accepted the suspension. The suspension began on December 1, 2025, and concluded on December 25, 2025. ABC considers this case closed and no further actions will be taken unless there are subsequent violations. Page 109 of 162 Background Information: On Friday, April 5, 2024; ABC conducted a “minor decoy” operation in the city of Hermosa Beach. This operation uses a decoy under the age of 21, supervised by Law Enforcement, who attempts to purchase alcohol using a real CA ID/CDL, which indicates they are under 21. During this operation, Roberts Liquor was visited and the cashier sold alcohol to the decoy. A citation was issued and on June 5, 2025; Roberts Licensee agreed to pay a fine of $6000 for the violation, in lieu of suspension. Recommendations: The Police Department is requesting a review of the Conditional Use Permit (CUP) for Roberts Liquor and recommends the following conditions to be added or modified. The Police Department believes proposed changes will address the violations and help to prevent alcohol sales to minors. 1) Roberts Liquor will install or utilize ID verification technology recommended by the ABC to assist in identifying fake/fraudulent identification cards. 2) Robert’s Liquor will install informational signage warning patrons of illegal sales of alcohol to juveniles, illegal loitering, or public drinking, and that it is illegal to possess an open container of alcohol in the vicinity of the business. The signs should be placed in a conspicuous location where they are visible to customers. 3) Management and all employees of Robert’s Liquor shall complete ABC LEAD training or equivalent. Robert’s Liquor management shall produce proof of completion for any/all employees upon request of any Police Officer, Agent or Code Enforcement. 4) Install and maintain a video surveillance system which will retain video for a minimum of sixty (60) days. Page 110 of 162 Page 111 of 162 Page 112 of 162 City of Hermosa Beach PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the Chairperson of the Hermosa Beach Planning Commission has called a public hearing on Tuesday, February 17, 2026, at 5:00 p.m. to consider and take action on only those matters set forth on the agenda below. 1. CITY-INITIATED REQUEST FOR A CONDITIONAL USE PERMIT (CUP25-13/APE25-004) AMENDMENT TO MODIFY THE CONDITIONS OF APPROVAL FOR OFF-SALE ALCOHOL (BEER, WINE, AND DISTILLED SPIRITS) AT AN EXISTING LIQUOR STORE (ROBERT’S LIQUOR) LOCATED AT 74 PIER AVENUE IN THE DOWNTOWN COMMERCIAL (C-2) ZONE. CEQA: THE PROJECT QUALIFIES FOR A CLASS 1 CATEGORICAL EXEMPTION PER SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY GUIDELINES. SAID PUBLIC MEETING is open to the public and is being held in-person in the City Hall Council Chambers located at 1315 Valley Drive, Hermosa Beach, California 90254. PUBLIC PARTICIPATION. See the meeting agenda for all public comment details and opportunities. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. Information regarding the Americans with Disabilities Act of 1990, please visit the meeting agenda or contact the Office of the City Clerk at (310) 318-0204 or cityclerk@hermosabeach.gov. VIEWING OPTIONS are available on Spectrum Channel 8, Frontier Channel 31, YouTube, Zoom, and/or the City’s website. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues that are raised at or before the public hearing. FOR FURTHER INFORMATION, please contact the Community Development Department at (310) 318-0242 or planning@hermosabeach.gov. A copy of the agenda and staff report(s) will be viewable on the City’s website 72 hours before the meeting. As a courtesy, the hearing can be viewed on Spectrum Channel 8, Frontier Channel 31, YouTube, Zoom, and/or the City’s website. Alison Becker, AICP Community Development Director Page 113 of 162 56456774761429 431401140215 15022051348 1403 1409 13062391412 1441 2151400 1416 1432 1410 1331 1424 1431 1405 1430 1415 1338 1427 1417 1451 1426 3011428 321802 808 814 820 830 42837253163801840920 940 69283744901900 150 931 928 915 841 825 821 815 121 119810 822 832 844 906 910 831834934 947226935 925924 921 907 845 211207816 836 908 918926 805 828 902 214 1002 1068 1057 1047 1027 1022 1012 1075 10692382401215 1201 1137 1123 1103 1113 1051 10191041 1086 1204 1212 1313308318 1100 1220 1214 1136 720 730 732 740 733384971162126 134 734 727 721 707 701710719726 736 100 712 718 738742208218 644 702 728111250 1272 201221 39738119305348576813251300117 1219 1236 1242 13121332 145130126325058647054551020 1042 466617243440414759651001101610311128 225260901138 1106361101 1033 1110 1120 1140 1144 1401130 1125 1046 1035 1025 1011 131 1021 10141111 1105 950 1028 1040 1048 1102 1112 1142 1126 1121 1150 1158200 Beach Dr8th St P ie r A v e HermosaAve15th St 13th St 9th StBeach Dr11th St 11th StBeach Dr 14th St 10th St Loma DrBayview DrPalm DrMonterey B lvd The S trand Ma n h a t t anAve8th Ct Manhat tanAve 9th Ct 10th Ct 12th Ct 11th Ct Sunset Dr15th Ct 13th Ct 13th St 14th Ct Pier Plaza 72500' RADIUS MAP r74 Pier Ave, Hermosa Beach, CA 90254 Page 114 of 162 Community Development Department Planning Division – Attn: Suzie Calderon City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 IMPORTANT PUBLIC NOTICE 74 Pier Avenue, Hermosa Beach, CA 90254 Assessor Parcel Number 4187-005-012 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach will hold a Public Hearing on Tuesday, February 17, 2026, at 5:00 p.m. to consider the request described below. CITY-INITIATED REQUEST FOR A CONDITIONAL USE PERMIT (CUP25-13/APE25-004) AMENDMENT TO MODIFY THE CONDITIONS OF APPROVAL FOR OFF-SALE ALCOHOL (BEER, WINE, AND DISTILLED SPIRITS) AT AN EXISTING LIQUOR STORE (ROBERT’S LIQUOR) LOCATED AT 74 PIER AVENUE IN THE DOWNTOWN COMMERCIAL (C-2) ZONE. CEQA: THE PROJECT QUALIFIES FOR A CLASS 1 CATEGORICAL EXEMPTION PER SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY GUIDELINES. AMERICANS WITH DISABILITIES ACT OF 1990 To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov at least 48 hours before the meeting. PARTICIPATION AND VIEWING OPTIONS - Hermosa Beach Planning Commission meetings are open to the public and are being held in person in the City Hall Council Chambers located at 1315 Valley Drive, Hermosa Beach, CA 90254. Public comment is only guaranteed to be taken in person at City Hall during the meeting or prior to the meeting by submitting an eComment for an item on the agenda. As a courtesy only, the public may view and participate on action items listed on the agenda via the following: Zoom - https://us02web.zoom.us/j/82539742028?pwd=ountrdnvd2l6tzbptdljc2x6bgfwdz09 Meeting ID: 825 3974 2028 Password: 207860 Phone - Toll Free: (833) 548-0276 Meeting ID: 825 3974 2028, then #; Passcode: 207860 eComment - Submit an eComment by 4:00 p.m. on the meeting date. Supplemental Email - Supplemental emails are available for agenda items only and must be sent to Community Development at planning@hermosabeach.gov. Supplemental emails should indicate the agenda item plus meeting date in the subject line and must be received by 4:00 p.m. on the meeting date. Emails received after the deadline but before the meeting ends will be posted to the agenda the next business day. Please be advised that while the City will endeavor to ensure remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. Please attend in person or by submitting an eComment to ensure participation. Similarly, as a courtesy, the City will also broadcast the meeting via the following listed mediums. However, these are done as a courtesy only and not guaranteed to be technically feasible. To guarantee live time viewing and/or public participation, members of the public shall attend in Council Chambers. If you experience technical difficulties while viewing a meeting on any of our digital platforms, please try another viewing option. View staff reports and attachments at www.hermosabeach.gov/agenda. Cable TV - Spectrum (channel 8) and Frontier (channel 31) in Hermosa Beach YouTube - https://www.youtube.com/c/cityofhermosabeach90254 Live Stream - www.hermosabeach.gov/agenda Alison Becker Community Development Director Page 115 of 162 AFFIDAVIT OF MAILING NOTICES I, Denise Kaspar , being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that on the 4th day of February , 2026, that I deposited 603 Notices in the United States Post Office, a letter of notice, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Los Angeles as being owners of property within 500 feet and all residential occupants within 500’ of the property described as: APN: Subject: 74 PIER AVE HERMOSA BEACH CA 90254 that on said day there was regular communication by United States Mail to the addresses shown above. Page 116 of 162 From:Patrick Bobko To:Kate Hirsh; Stephen Izant; Michael Flaherty; Greg McNally; Peter Hoffman Cc:City Clerk; Alison Becker Subject:Re: Planning Commission Agenda Item 7.a. - 02/17/26 Date:Tuesday, February 17, 2026 1:15:33 PM Attachments:2025-1020 Letter to Planning Commission (complete).pdf You don't often get email from patrick@bobkolaw.com. Learn why this is important I inadvertently omitted Exhibit 5. It is attached to this email. On Tue, Feb 17, 2026 at 12:59 PM Patrick Bobko <patrick@bobkolaw.com> wrote:Honorable Commissioners: Please find enclosed correspondence related to Agenda Item 7.a for tonight's hearing. Feel free to contact me if you have any questions. -Kit -- Patrick "Kit" Bobko (949) 432-9975 (o) 23 Corporate Plaza Dr., Suite 150 Newport Beach, CA 92660 www.BobkoLaw.com Page 117 of 162 23 Corporate Plaza Dr., Ste. 150 | Newport Beach, CA 92660 (949) 432-9975 October 20, 2025 Via Email Only Chairperson Kate Hirsh Hermosa Beach Planning Commissioners City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 khirsh@hermosabeach.gov sizant@hermosabeach.gov mflaherty@hermosabeach.gov phoffman@hermosabeach.gov gmcnally@hermosabeach.gov Re: Public Hearing Item 7.b – Robert’s Liquor Madam Chairperson and Honorable Commissioners: This office represents Robert’s Liquor and the business owner, Mr. Dung “Mike” Tran (collectively “Robert’s Liquor”). We write in opposition to the Police Chief and Staff recommendations to modify the conditions of a Conditional Use Permit (CUP 25-13/APE25- 004) for Robert’s Liquor located at 74 Pier Avenue in the Downtown Commercial (C-2) Zone. (Public Hearing Item 7.b). Executive Summary Robert’s Liquor was in active negotiations to sell the business, and but for the City’s decision to initiate an expedited CUP review, that sale would be complete. It would avoid a significant expenditure of time and effort for both the City and the business if the Planning Commission simply “receives and files” the Police Chief and Staff’s request to modify the CUP. This will likely allow the sale to be completed which will accomplish the Police Chief’s goal of removing the current operator from Pier Plaza. Page 118 of 162 __________________ October 20, 2025 Page 2 From a jurisdictional perspective, the recent incident involving “off-site” sales to a minor in possession of a “fake” ID comes under the exclusive purview of the California Department of Alcoholic Beverage Control (“ABC”) and the State of California. See Bus. & Prof. C. § 23001. As of this letter’s date, ABC has not cited Robert’s Liquor for the incident. There is no credible evidence that underage sales are an endemic problem with this business, which was established in 1940 and has existed in its current form since 1996.1 From a legal standpoint, the City’s actions to “roll-back” the terms of Robert’s Liquor’s CUP based in large part on a recent ABC violation is nakedly pretextual and violative of Due Process. The Staff report contains no credible evidence that Robert’s constitutes a public nuisance, and the City has taken no actions to declare it one. The September 17, 2025 letter makes broad, non-specific allegations about problems in and around Pier Plaza and attempts to attribute them to Robert’s Liquor.2 Allegations against the business, to carry any weight, must be credible and specific – and these are anything but. The City’s own records cast doubt on these claims. This is an unconstitutional end-run around the business owner’s rights in an attempt to take his vested property rights through administrative process. Worse still, the process by which the City purports to “modify” the business’ CUP and take its vested property rights is patently unfair. The City Should “Receive and File” the Request for Modification Robert’s Liquor was in active negotiations to sell its business. The prospective buyer provided a letter to this effect, which was sent to the City on Friday, October 17, 2025. (A true and correct copy of the buyer’s letter is Attachment 1). 1 The City of Hermosa Beach’s ability to regulate the manufacture, sale, purchase, possession or transportation of alcoholic beverages is expressly preempted by state law. Here, the City principally complains about two incidents, one in 2024 and a second in 2025, where Robert’s Liquor sold alcohol to an underage customer. This falls exclusively within ABC’s jurisdiction. 2 The Police Chief’s September 11, 2025 memo concedes the inherent problem with the City’s position: “Robert’s Liquor is located at 74 Pier Ave., in an area with a very high concentration of late-night alcohol serving establishments . . . This relatively small area of the city consists of multiple late-night alcohol serving establishments which creates an attraction for nuisance and other criminal behavior.” Page 119 of 162 __________________ October 20, 2025 Page 3 Robert’s Liquor recommends the Planning Commission “receive and file” this Staff Report and take no further action on this item so the purchase and sale of Robert’s Liquor may be completed. This will remove the current operator and likely allow a new operator to take the business. The City Is Using a Single Incident that Falls Under ABC Jurisdiction as Pretext to “Modify” the Conditions of a CUP Although we are continuing to evaluate the implications of the allegations against Robert’s Liquor, and while we do not have all the information necessary to make such an evaluation, it appears this is just the latest chapter in the City and Police Department’s recent efforts to roll- back CUPs for late-night businesses on Pier Plaza. By way of background, Robert’s Liquor has operated in its current location under the current ownership since 1996. The City approved Robert’s Liquor’s CUP in 1990. The CUP is a vested, valuable property right. See Trans-Oceanic Oil Corp. v. City of Santa Barbara, 85 Cal.App.2d 776, 783 (1948) (“Once a use permit has been properly issued the power of a municipality to revoke it is limited.”) The City cannot invoke its ordinary police power to impose new conditions on a vested permit. See e.g., City of Claremont v. Kruse, 177 Cal.App.4th 1153, 1179 (2009). In 2021, the City proposed Chapter 5.80 to the Hermosa Beach Municipal Code (“HBMC”) to create something called a “Downtown Alcohol Establishment License” that would effectively modify existing CUPs and other entitlements for alcohol-related businesses. The proposed ordinance contained provisions that, if certain conditions existed, would allow the Police Chief to reduce a businesses’ hours of operation and take other punitive actions. This was an attempt by the City to do indirectly what it could not do directly – alter the operating conditions for businesses on Pier Plaza. After significant push-back from the Hermosa Beach Restaurant Association, the City appears to have tabled the proposal. But the idea didn’t die. The City and Police Department just changed the focus from the organized and well-funded Restaurant Association to the one minority-owned small business on Pier Plaza, Robert’s Liquor. On September 11, 2024, then-Community Development Director Carrie Tai sent a letter to Robert’s Liquor stating she “received communication from the Police Department indicating that alcohol-related violations at your business, Robert’s Liquor, 74 Pier Avenue, constitute a continuing policing problem.” (A true and correct copy of the September 11, 2024 letter is Attachment 5 to Staff Report 25-CDD-137). The letter contained a series of vague and Page 120 of 162 __________________ October 20, 2025 Page 4 unsubstantiated allegations that Robert’s Liquor was responsible – either directly or indirectly – for problems on Pier Plaza. The Staff Report omits that on September 30, 2024, Director Tai and then-Police Chief Paul LeBaron met with the business owner at City Hall to discuss the issues presented in the City’s September 11, 2024 letter. At that meeting, Chief LeBaron agreed to provide additional information about the allegations contained in his letter. Neither LeBaron nor Tai provided any additional information after the meeting as they’d promised. There was no follow-up from the City. None. Fast-forward one year to 2025. Hermosa Beach has a new Police Chief and a new Community Development Director, and they decided to pick-up where their predecessors left off. The August 8, 2025 incident was pretext to do it. On September 17, 2025, the new Community Development Director, Allison Becker, sent a nearly verbatim letter to the one Ms. Tai sent a year before: “The Community Development Department has received communication from the Police Department indicating that alcohol- related violations at your business, Robert’s Liquor at 74 Pier Avenue (APN 4187-005-012), constitute a continuing policing problem.” The only change between the situation as it existed in 2024 and as it exists in 2025 was a single incident where Robert’s Liquor was cited by ABC for off-sale of alcohol to a minor.3 The Staff Report makes broad generalizations without proof that attribute problems on Pier Plaza to Robert’s Liquor.4 There are no citations apart from the incident that occurred in 2024. There are zero “warning letters” to Robert’s Liquor included in the Staff Report. There is zero evidence of office meetings with the Police Chief or City Staff that one would expect for such a problematic business. There are zero citations from Code Enforcement. Following the 3 Like every other restaurant and store in Hermosa Beach cited for an alcohol-related offense, Robert’s Liquor is dealing with this incident administratively through ABC, not the Hermosa Beach Police Department. 4 The City’s September 17, 2025 letter is insufficient as a charging document because it does not afford adequate notice of exactly what the City alleges Robert’s Liquor did between “August 2023 – Present” or distinguish this business from the others that sell alcohol or are open late-night in and around Pier Plaza. Page 121 of 162 __________________ October 20, 2025 Page 5 meeting with LeBaron and Tai in September 2024, the City has taken absolutely no additional action against Robert’s Liquor.5 This Commission conducts tri-annual reviews of on-site alcohol-selling businesses, and the statements and data contained in the most recent “Tri-Annual Report for On-Sale Alcoholic Beverage Conditional Use Permit Reporting Period of July 1, 2024 to December 31, 2024” (dated March 18, 2025) call into question the allegations in the Staff Report and corresponding memo from the Police Chief.6 For example, the Tri-Annual Report identifies eleven police reports and two calls for service at various establishments, including one which “documented a private underage party that occurred at the location [where] alcohol was present.” Nevertheless, “[b]ased on the data collected during this reporting period from all relevant departments and agencies, no establishment has reached the threshold for referral to initiate a Planning Commission review of a CUP.” None of the eleven incidents or two calls for service were for Robert’s Liquor. In the July-December 2024 timeframe, the Tri-Annual Report says there were twenty-nine total cases reported – with zero reported for Robert’s Liquor. This places Robert’s Liquor below the number of cases reported for Crème de la Crepe (1), Scotty’s (1), Fritto Misto (1), and Poulet Du Jour (1) for that same reporting period. The Police Chief’s memo also places importance on the volume of Calls For Service (“CFS”) with the implication those calls are somehow related to Robert’s Liquor. The Tri-Annual Report says otherwise: “a CFS or report should not be assumed to be problematic or involved in the incident as the CFS or report may have nothing to do with the specific address or location other than [sic] used as a landmark/identifying the location of an incident which may have occurred outside of the location.” The City’s September 17, 2025 letter takes this sensible caveat in the exact opposite direction and tries to connect problems in parking lots near Pier Plaza to Robert’s Liquor. The Tri-Annual Report also says “HBPD conducts routine patrols of establishments with ABC licenses. If, during those patrols, an officer finds any suspicious activity in or around the 5 The City’s delay in bringing this action is inherently prejudicial to Robert’s Liquor. Information and evidence that might be relevant in response to the City’s allegations stretching back to 2023 may no longer be readily available. 6 We understand the Tri-Annual Report concerns “on-site” alcohol sales and Robert’s Liquor is “off-site,” but the issues identified in the Report overlap the concerns cited in the Staff Report and Police Chief’s memo. The “Tri-Annual Report” is Attachment 8. Page 122 of 162 __________________ October 20, 2025 Page 6 premises, they log it as a security check. The suspicious activity that would warrant it being logged as a security check would not necessarily be related to the CUP for the respective establishment.” The Tri-Annual Report contains no mention of “suspicious activity” at Robert’s Liquor. The City’s current position is wildly inconsistent with its lack of outreach over the last year, or prior years, especially given the allegations that Robert’s Liquor is responsible for so many problems on Pier Plaza and the surrounding neighborhood. The City’s contentions are also belied by facts contained in City reports and by the overall lack of documentation. Non- specific complaints and broad generalizations about problems on Pier Plaza are insufficient to justify any modification of the CUP for Robert’s Liquor. Robert’s Liquor Is Being Forced to Participate in a Hearing before It Has Access to All the Relevant Information and Evidence The City appears to be in a rush to have the matter heard before providing all the available evidence to Robert’s Liquor. We received the Staff Report 72-hours prior to the hearing, affording insufficient time to review the supporting evidence and respond.7 (A true and correct copy of Robert’s Liquor’s request for a continuance dated September 24, 2025 is Attachment 2. A second request to continue the hearing dated September 29, 2025 is Attachment 3). We noted in the September 29, 2025 letter there was no prejudice to the City affording the business a continuance until all the evidence was available, and there is no exigency requiring this matter be presented for hearing on an expedited basis. City Staff ignored this request and extended the hearing date by one week. We renewed our request to continue the hearing to the Planning Commission directly on October 13, 2025. (Attachment 4). Again, no continuance was granted. The primary reason for a continuance was to allow Robert’s Liquor sufficient time to collect information from ABC, the City, and Police Department. Robert’s Liquor made a Public Records Act (“PRA”) request of ABC on September 24, 2025. (Attachment 5). On September 29, 2025, we made PRA requests of the City and Hermosa Beach Police Department (Attachments 6 and 7). As of this letter’s date, more than three weeks have passed and we 7 Goat Hill Tavern v. City of Costa Mesa, 6 Cal.App.4th 1519, 1523 (1992) (“The staff report, accompanied by over 100 pages of documents, was not given to the tavern’s attorney until the Friday evening before the Monday hearing.”) Page 123 of 162 __________________ October 20, 2025 Page 7 have received no documents from ABC, the City, or the Police Department. On October 17, 2025, both the City and Police Department did respond that they would produce records on or before October 30th and 31st respectively – two weeks after this hearing would be complete. The denial of a continuance by the City until the City responds to PRA requests with documents exclusively in the City’s possession that bear directly on the allegations the City raised as the basis for the revocation proceeding is prejudicial and a denial of Due Process. * * * * The City is seizing upon a recent incident under the jurisdiction of ABC as pretext to modify conditions in a CUP that Robert’s Liquor has had since 1996. There is insufficient evidence to justify this action, and if the City proceeds, it would be an unconstitutional taking of the business’ property. The City is also apparently insisting on a hearing date before providing information directly related to the issues at hand. This is unfair and violative of Robert’s Liquor’s right to Due Process. We recommend in the strongest possible terms that the Planning Commission avoid the mistake of taking valuable, vested property from a business in violation of its Due Process and Equal Protection rights. “Receive and file” the Staff Report and allow the sale to go through. This is the best result for everyone. Very truly yours, BOBKO LAW APC Patrick K. Bobko Cc: ABecker@HermosaBeach.gov CityClerk@HermosaBeach.gov Page 124 of 162 ATTACHMENT 1 Page 125 of 162 October 17, 2025 City of Hermosa Beach Planning Department Hermosa Beach, CA Letter Regarding Purchase Negotiations of Robert Liquor We, Maida Maida and Maymoun Maida, are writing to formally confirm that we were in active negotiations with the management and owner of Robert Liquor, Mr. Tran Dung, for the purchase of the business located in Hermosa Beach, California. At the time negotiations were nearing finalization, we became aware of concerns raised by the City regarding the operation of the business and the pending review of its Conditional Use Permit (CUP) with the Hermosa Beach Planning Commission. In light of this pending review process, and the possibility of new or revised operational conditions, we elected to pause and ultimately end negotiations for the purchase of the business until the City’s review process is completed and any required conditions are fully clarified. We remain very interested in this opportunity and are prepared to resume negotiations once the City’s review has been resolved and the future operating conditions are understood. We appreciate the City’s time, consideration, and ongoing efforts to provide clarity on this matter. Sincerely, Maymoun Maida Potential Buyer Page 126 of 162 ATTACHMENT 2 Page 127 of 162 23 Corporate Plaza Dr., Ste. 150 | Newport Beach, CA 92660 (949) 432-9975 September 24, 2025 Via Email Only Alison Becker, AICP Community Development Director City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 abecker@hermosabeach.gov Re: Request for Continuation of CUP Review at October 13, 2025 Planning Commission Dear Ms. Becker: I write to you on behalf of Dung Tran and Robert’s Liquor. Kindly direct all future correspondence regarding this matter to my attention at the address listed below. My email address is Patrick@BobkoLaw.com. We have just received a letter under your signature dated September 17, 2025 advising Mr. Tran that his Conditional Use Permit (“CUP”) was “scheduled for review by the Planning Commission at its upcoming meeting on October 13, 2025.” The review has apparently been initiated at the Police Department’s request. The letter states the Planning Commission could “modify or add conditions of approval” for Robert’s Liquor’s CUP. This is a potentially serious matter involving a vested property right. Mr. Tran and Robert’s Liquor are entitled to Due Process before any action may be taken to impair or deprive him of property or his rights. See e.g., Malibu Mountains Recreation, Inc. v. County of Los Angeles, 67 Cal.App.4th 359, 367-68 (1998). From the date of the City’s letter, Mr. Tran has less than three weeks to gather information and prepare for the Planning Commission’s review. More specifically, the City’s letter cites a Page 128 of 162 __________________ September 24, 2025 Page 2 series of “undercover” operations going back more than a year that will require investigation. They will also require that Mr. Tran be given time to collect information from both the City and the Department of Alcohol and Beverage Control. The expedited hearing schedule is unfair given the stakes and scope of the City’s allegations. Mr. Tran should be afforded sufficient time to prepare. Accordingly, we ask the City to continue the review to the December 16, 2025 scheduled Planning Commission meeting. A final note - we remind the City that Robert’s Liquor is a longstanding member of the Hermosa Beach business community. Mr. Tran is a Hermosa Beach resident, and everyone in the City has at one time or another patronized his business. People around town know and are friendly with his employees. Most importantly, the store is not an eminent threat to the City or any of its residents. The extra time for Mr. Tran to prepare for a hearing does nothing to prejudice the City. This is a reasonable request that is truly about affording simple fairness to Mr. Tran and his business. Thank you in advance for the consideration. We kindly ask you confirm the hearing date has been continued to the December meeting. Very truly yours, BOBKO LAW APC Patrick K. Bobko Page 129 of 162 ATTACHMENT 3 Page 130 of 162 23 Corporate Plaza Dr., Ste. 150 | Newport Beach, CA 92660 (949) 432-9975 September 29, 2025 Via Email Only Alison Becker, AICP Community Development Director City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 abecker@hermosabeach.gov Re: Request for Continuation of CUP Review at October 13, 2025 Planning Commission Dear Ms. Becker: I write in response to the email we received from you on September 25, 2029 offering to extend the hearing date with the Planning Commission for one week from October 13, 2025 to October 21, 2025. We remind the City this is a potentially serious matter involving a valuable, vested property right and again request the hearing be continued until the Planning Commission’s December 16, 2025 meeting. As outlined in our September 24, 2025 letter, the current schedule does not afford Mr. Tran sufficient time to gather information and prepare for the Planning Commission’s review. The City’s September 17, 2025 letter contains vague and unspecific allegations regarding Mr. Tran’s business and worse, the information that (presumably) supports those allegations exists entirely within the City’s control. It is patently unfair to expect Mr. Tran to answer the charges based on whatever City Staff and the Police Department choose to include in a Staff report that will be published 72-hours prior to the Planning Commission’s hearing. This does not comport with the dictates of Due Process and Mr. Tran’s right to a full and fair hearing. Page 131 of 162 __________________ September 29, 2025 Page 2 We strongly recommend the City reconsider its current course of rushing this matter to hearing. These are serious charges and Mr. Tran’s valuable and vested property rights are potentially at stake. There is no exigency that requires the City to conduct a hearing before all of the information bearing on the charges have been provided. We think the December 17, 2025 date probably gives the City and ABC time to produce all the relevant documents and information bearing on this case with enough time for Mr. Tran to then prepare a response. Thank you in advance for the consideration. We kindly ask you confirm the hearing date has been continued to the December meeting. Very truly yours, BOBKO LAW APC Patrick K. Bobko Page 132 of 162 ATTACHMENT 4 Page 133 of 162 23 Corporate Plaza Dr., Ste. 150 | Newport Beach, CA 92660 (949) 432-9975 October 13, 2025 Via Email Only Chairperson Kate Hirsh Hermosa Beach Planning Commissioners City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 khirsh@hermosabeach.gov sizant@hermosabeach.gov mflaherty@hermosabeach.gov phoffman@hermosabeach.gov gmcnally@hermosabeach.gov Re: Continuance of Public Hearing Item 7.a – Robert’s Liquor Madam Chairperson and Honorable Commissioners: I write to request a continuance of the hearing on tonight’s agenda related to Robert’s Liquor (Public Hearing Item 7.a). The corresponding Staff report states: “Staff recommends a continuance of the public hearing in response to the business owner’s request until the Planning Commission regular meeting of October 21, 2025.” To be clear – the business owner did request a continuance on September 24, 2025 and sought to have the hearing moved to December 16, 2025. (A copy of the letter is attached for your ease of reference.) Staff unilaterally continued the hearing for one week to October 21, 2025. (A copy of the email from Ms. Becker dated September 25, 2025 is attached for your ease of reference.) We advised Staff this was insufficient in a letter dated September 29, 2025, and again requested a continuance until the December 16, 2025 meeting. (A copy of the letter is attached for your reference.) We did not receive any response from Staff. We want to be clear the continuance was at the business’ request – but it’s nowhere near what was asked for or what is required for a fair hearing. Page 134 of 162 __________________ October 13, 2025 Page 2 We again ask the Commission to continue to the hearing until a date when all of the information related to the allegations contained in the City’s September 17, 2025 letter have been provided. We made a series of Public Records Act requests on September 29, 2025 and as of this letter’s date, neither the City nor the Police Department have produced a single document. It is unfair to expect the business to respond to vague and untimely allegations based on whatever Staff and the Hermosa Beach Police Department decide to include in a Staff report that will be published 72-hours prior this Commission’s hearing. Fairness dictates the business have access to all the evidence, and in order to make a fair decision, the Commission should too. We again ask the Commission to continue the CUP review hearing currently scheduled for October 21, 2025 until December 16, 2025. Very truly yours, BOBKO LAW APC Patrick K. Bobko Cc: ABecker@HermosaBeach.gov CityClerk@HermosaBeach.gov Page 135 of 162 ATTACHMENT 5 Page 136 of 162 23 Corporate Plaza Dr., Ste. 150 | Newport Beach, CA 92660 September 24, 2025 VIA E-MAIL Department of Alcoholic Beverage Control Custodian of Records 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Phone: (916) 419-2500 E-mail: publicrecordsrequest@abc.ca.gov Re: Public Records Act Request Pursuant to the California Public Records Act 6250 et seq., we are requesting an opportunity to inspect or obtain copies or public records in your possession related to off-sale alcohol establishments in the City of Hermosa Beach: Request No. 1: All citations issued to off-site alcoholic sales establishments located within the City of Hermosa Beach, California 90254, between October 15, 2024 and September 15, 2025; Request No. 2: All correspondence, e-mail, text messages, or communications of any type related or referring to citations issued to off-site alcohol sales establishments located within the City of Hermosa Beach between October 15, 2024 and September 15, 2025; Request No. 3: The final disposition of any ABC prosecutions or administrative proceedings against off-site alcoholic sales establishments located within the City of Hermosa Beach between October 15, 2024 and September 15, 2025; Request No. 4: All correspondence between October 15, 2024 and September 15, 2025 by or between Hermosa Beach City Staff (including the Hermosa Beach Police Department) and ABC Staff regarding or related to the following businesses: • Robert’s Liquor – 74 Pier Avenue, Hermosa Beach CA 90254 • Pedones Pizza - 1332 Hermosa Ave, Hermosa Beach, CA 90254 Page 137 of 162 __________________ September 24, 2025 Page 2 • Pisano’s Pizza – 1132 Hermosa Ave., Hermosa Beach CA 90254 • Abe’s Liquor - 240 Pier Ave D2010, Hermosa Beach, CA 90254 • Beach Market - 1325 Hermosa Ave, Hermosa Beach, CA 90254 Request No. 5: Copies of all documents provided by ABC to Hermosa Beach City Staff (including the Police Department) between October 15, 2024 and September 15, 2025; Request No. 6: All documents concerning Dung Quoc Tran or Robert’s Liquor located at 74 Pier Ave., Hermosa Beach California 90254 regarding an alleged violation which occurred on August 8-9, 2025 involving alcohol sales to a minor. The California Public Records Act requires a response within ten (10) business days. If access to the requested records will take longer, please contact me with information about when I might expect copies or the ability to inspect the records requested. If there is a cost associated with reproducing these documents, please let us know your estimate of those costs. If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law. Very truly yours, BOBKO LAW APC Patrick K. Bobko Page 138 of 162 ATTACHMENT 6 Page 139 of 162 23 Corporate Plaza Dr., Ste. 150 | Newport Beach, CA 92660 (949) 432-9975 September 29, 2025 VIA E-MAIL Hermosa Beach City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 E-mail: recordsrequest@hermosabeach.gov Re: Public Records Act Request Pursuant to the California Public Records Act 6250 et seq., we are requesting an opportunity to inspect or obtain copies or public records in your possession, custody, or control related to the following: As used herein, the phrase “documents” means all tangible things including without limitation, papers, tape or other forms of audio, visual, or audio/visual recordings, including “body-cam” footage; drawings, films, graphs, charts, photographs, phone records and any retrievable data, whether in computer storage, carded, punched, taped, or code form, or stored electro- statistically, electro-magnetically, or otherwise. Without limiting the generality of the foregoing, “documents” means forms, correspondence, letters, messages, notes, memoranda, records, reports, diaries, logs, minutes, statements, work sheets, summaries, ledgers, maps, diagrams, drafts, appointment books, desk calendars, Outlook calendars, Microsoft calendars, work schedules, and all written or printed matters of any kind, as well as all other tangible things which come within the definition of a “writing” under Evidence Code Section 250, and all records saved or stored on Computer Readable Storage Media as defined by Evidence Code 1500.5. Request No. 22: All correspondence, email, text messages, or communications of any type by or among Hermosa Beach City Staff concerning an undercover investigation at Robert’s Liquor (74 Pier Avenue) on or about April 5, 2024; Request No. 23: All documents concerning an undercover investigation on or about April 5, 2024 by the Hermosa Beach Police Department related to Robert’s Liquor (74 Pier Avenue); Page 140 of 162 __________________ September 29, 2025 Page 2 Request No. 24: All correspondence, email, text messages, or communications of any type by or among Hermosa Beach City Staff concerning an undercover investigation on or about August 8-9, 2025 at Robert’s Liquor (74 Pier Avenue); Request No. 25: All documents concerning an undercover investigation on or about August 8-9, 2025 by the Hermosa Beach Police Department related to Robert’s Liquor (74 Pier Avenue); Request No. 26: All citations issued to any individual in the downtown district between August 2023 and present related to alcohol; Request No. 27: All citations issued to any business in the downtown district related to alcohol sales between August 2023 and present; Request No. 28: All citations issued to Robert’s Liquor (74 Pier Avenue) by the City of Hermosa Beach between August 2023 and present; Request No. 29: All text messages, email, or other correspondence by and between members of the Hermosa Beach City Staff and ABC between August 2023 and present; Request No. 30: All text messages, email, or other correspondence by and between members of the Hermosa Beach City Staff and the Hermosa Beach Police Department related to or regarding Robert’s Liquor (74 Pier Avenue) between August 2023 and present; Request No. 31: All text messages, email, or other correspondence by and between members of the Hermosa Beach City Staff and the Hermosa Beach Planning Commission related to or regarding Robert’s Liquor (74 Pier Avenue) between August 2023 and present; Request No. 32: All text messages, email, or other correspondence by and between members of the Hermosa Beach City Staff and the Hermosa Beach City Council related to or regarding Robert’s Liquor (74 Pier Avenue) between August 2023 and present; Request No. 33: All text messages, email, or other correspondence regarding complaints about Robert’s Liquor (74 Pier Avenue) between August 2023 and present; Request No. 34: A copy of any “file” that exists in the Hermosa Beach Planning Department or Code Enforcement Department concerning Robert’s Liquor (74 Pier Avenue); Request No. 35: All documents related to a meeting that occurred between former Hermosa Beach Police Chief Paul LeBaron, Hermosa Beach City Staff Carrie Tai, and representatives of Robert’s Liquor at City Hall on September 30, 2024; Request No. 36: All documents related to any CUP revocation proceedings initiated against any business in the downtown district from January 1, 2022 to present; Request No. 37: Any reports published by the City of Hermosa Beach concerning crime statistics in the downtown district from January 1, 2023 to present; Page 141 of 162 __________________ September 29, 2025 Page 3 The California Public Records Act requires a response within ten (10) business days. If access to the requested records will take longer, please contact me with information about when I might expect copies or the ability to inspect the records requested. If there is a cost associated with reproducing these documents, please let us know your estimate of those costs. If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law. Very truly yours, BOBKO LAW APC Patrick K. Bobko Page 142 of 162 ATTACHMENT 7 Page 143 of 162 23 Corporate Plaza Dr., Ste. 150 | Newport Beach, CA 92660 (949) 432-9975 September 29, 2025 VIA E-MAIL Custodian of Records Hermosa Beach Police Department 1315 Valley Drive Hermosa Beach, CA 90254 E-mail: hbpdrecords@hermosabeach.gov Re: Public Records Act Request Pursuant to the California Public Records Act 6250 et seq., we are requesting an opportunity to inspect or obtain copies or public records in your possession, custody, or control related to the following: As used herein, the phrase “documents” means all tangible things including without limitation, papers, tape or other forms of audio, visual, or audio/visual recordings, including “body-cam” footage; drawings, films, graphs, charts, photographs, phone records and any retrievable data, whether in computer storage, carded, punched, taped, or code form, or stored electro- statistically, electro-magnetically, or otherwise. Without limiting the generality of the foregoing, “documents” means forms, correspondence, letters, messages, notes, memoranda, records, reports, diaries, logs, minutes, statements, work sheets, summaries, ledgers, maps, diagrams, drafts, appointment books, desk calendars, Outlook calendars, Microsoft calendars, work schedules, and all written or printed matters of any kind, as well as all other tangible things which come within the definition of a “writing” under Evidence Code Section 250, and all records saved or stored on Computer Readable Storage Media as defined by Evidence Code 1500.5. Request No. 1: All correspondence, email, text messages, or communications of any type concerning an undercover investigation at Robert’s Liquor (74 Pier Avenue) on or about April 5, 2024; Page 144 of 162 __________________ September 29, 2025 Page 2 Request No. 2: All documents and records of any type, in any medium, concerning an undercover investigation on or about April 5, 2024 by the Hermosa Beach Police Department related to Robert’s Liquor (74 Pier Avenue); Request No. 3: All documents, correspondence, email, text messages, or communications of any type related to any undercover operations by the Hermosa Beach Police Department targeting alcohol related crimes in the downtown district between August 2023 and present; Request No. 4: All documents regarding or related to Hermosa Beach Police Department “contacts and violations” with subjects in the downtown district who purchased alcohol at Robert’s Liquor (74 Pier Avenue) between August 2023 and present; Request No. 5: All documents regarding or related to “contacts and violations” with subjects in the downtown district between August 2023 and present. Please include information concerning the timing of the “contracts and violations,” and the members of the Hermosa Beach Police Department who reported the “contacts and violations”; Request No. 6: All documents concerning an undercover investigation related to a group of three juveniles who exited Robert’s Liquor (74 Pier Avenue) with open containers of alcohol on or about February 17, 2024; Request No. 7: All documents concerning any “tips” received about Robert’s Liquor (74 Pier Avenue) allegedly selling alcohol to minors from January 2024 to present; Request No. 8: All documents concerning an August 2024 incident where Hermosa Beach Police Department observed young adults and minors who purchased alcohol at Robert’s Liquor (74 Pier Avenue) that the minors later allegedly consumed in a nearby parking lot; Request No. 9: All citations issued concerning an August 2024 incident where Hermosa Beach Police Department observed young adults and minors who purchased alcohol at Robert’s Liquor (74 Pier Avenue) that the minors later consumed in a nearby parking lot; Page 145 of 162 __________________ September 29, 2025 Page 3 Request No. 10: All documents concerning any charges filed in Los Angeles County Superior Court related to an August 2024 incident where Hermosa Beach Police Department observed young adults and minors who purchased alcohol at Robert’s Liquor (74 Pier Avenue) that the minors later consumed in a nearby parking lot; Request No. 11: All documents concerning an undercover investigation by the California Department of Alcohol and Beverage Control (“ABC”) concerning an “off-sale” of alcohol to a minor at Robert’s Liquor (74 Pier Avenue) on or about August 8-9, 2025; Request No. 12: All communications between the Hermosa Beach Police Department and ABC concerning Robert’s Liquor (74 Pier Avenue) from August 1, 2024 to present; Request No. 13: A copy of any “file” that exists in the Hermosa Police Department concerning Robert’s Liquor (74 Pier Avenue); Request No. 14: All documents related to a meeting that occurred between former Hermosa Beach Police Chief Paul LeBaron, Hermosa Beach City Staff Carrie Tai, and representatives of Robert’s Liquor at City Hall on September 30, 2024; Request No. 15: All communications in any form between any member of the Hermosa Beach Police Department and any member of Hermosa Beach City Staff regarding or related to Robert’s Liquor (74 Pier Avenue) from May 6, 2025 to present; Request No. 16: All communications in any form between any member of the Hermosa Beach Police Department and any member of the Hermosa Beach City Council regarding or related to Robert’s Liquor (74 Pier Avenue) from May 6, 2025 to present; Request No. 17: All communication in any form between any member of the Hermosa Beach Police Department and any member of the public regarding or related to Robert’s Liquor (74 Pier Avenue) from May 6, 2025 to present; Page 146 of 162 __________________ September 29, 2025 Page 4 Request No. 18: A copy of any citations issued by the Hermosa Beach Police Department to Robert’s Liquor (74 Pier Avenue), or any of its employees while working at the business, from April 5, 2025 to present; Request No. 19: All citations issued to off-site alcoholic sales establishments located within the City of Hermosa Beach between January 1, 2025 and present; Request No. 20: All correspondence, e-mail, text messages, or communications of any type related or referring to citations issued to off-site alcohol sales establishments located within the City of Hermosa Beach between January 1, 2025 and present; Request No. 21: All documents related or referring to any memoranda, instructions, orders, or other guidance issued by Hermosa Beach Police Department Command Staff regarding Robert’s Liquor (74 Pier Avenue) from April 2024 to present. The California Public Records Act requires a response within ten (10) business days. If access to the requested records will take longer, please contact me with information about when I might expect copies or the ability to inspect the records requested. If there is a cost associated with reproducing these documents, please let us know your estimate of those costs. If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law. Very truly yours, BOBKO LAW APC Patrick K. Bobko Page 147 of 162 ATTACHMENT 8 Page 148 of 162 City of Hermosa Beach | Page 1 of 5 Meeting Date: March 18, 2025 Staff Report No. 25-CDD-039 Honorable Chairperson and Members of the Hermosa Beach Planning Commission TRI-ANNUAL REPORT FOR ON-SALE ALCOHOLIC BEVERAGE CONDITIONAL USE PERMIT REPORTING PERIOD OF JULY 1, 2024 TO DECEMBER 31, 2024 CEQA: Determine that the project is categorically exempt from the California Environmental Quality Act. (Assistant Planner Johnny Case) Recommended Action: Staff recommend that the Planning Commission conduct a public hearing on the tri- annual on-sale alcoholic beverage Conditional Use Permit review process. Executive Summary: The tri-annual report presents the findings of the administrative review process in which the activities of establishments that have a Conditional Use Permit (CUP) for on-sale alcoholic beverage licenses are reviewed against an established set of criterion (Attachment 1). This report covers the period from July 1, 2024 to December 31,2024. Based on the data collected during this reporting period, no establishment have reached the threshold for referral to initiate a Planning Commission review of a CUP. However, one (1) establishment, 1121 Aviation Boulevard (Ramen and Sushiya, Inc.), outside of this reporting period has reached the threshold for referral to initiate a Planning Commission review of a CUP. The Planning Commission, at its January 18, 2025 meeting, reviewed the CUP for 1121 Aviation Boulevard (Ramen and Sushiya, Inc.), which resulted in the revocation of the CUP for on-sale alcohol. Background: The tri-annual report is a review of all on-sale alcoholic beverage establishments that operate with an approved CUP. The review is presented to the Planning Commission over the course of two meetings; the first meeting presents the report as an informational item, while the second meeting is conducted as a public hearing. This is the second of the two reports and provides background information gathered for this review period. If an establishment violates any criterion within the set of standards identified (Attachment 1), by exceeding the defined number of incidents in any six-month period, it will be referred to the Planning Commission for a review of the CUP. The review may lead to a modification or revocation hearing based on the frequency of incidents or type of violations. Page 149 of 162 City of Hermosa Beach | Page 2 of 5 The tri-annual report provides data related to each criterion from City departments and outside agencies involved in the review, including Code Enforcement, Hermosa Beach Police Department (HBPD), LA County Fire Prevention, and California Department of Alcoholic Beverage Control (ABC). The data provided in the report does not change between the two meetings presenting the data as an informational item, and a public hearing. The two-step review process was established in 2017. In March 2019, the City Council approved Planning Commission recommended changes to the process, which included that the review could be conducted three times per year. This is the first report in 2025 and covers the six-month reporting period of July 1,2024 to December 31,2024. In addition to current reporting data from each respective department and/or Agency (July 1, 2024 to December 31, 24), the previous reporting period date (March 1, 2024 to August 31, 2024) is attached for review. Upon request, all relevant establishments can produce prepared food-to-alcohol ratio reports for the time referenced above. The next report will be presented in June 2025 and will cover the period of November 1, 2024 to April 20, 2025. Discussion: Hermosa Beach Police Department As part of each tri-annual review, the Hermosa Beach Police Department (HBPD) is consulted for any calls for service or reports at establishments with a Conditional Use Permit for on-sale alcohol sales. During the current reporting period of July 1, 2024, through December 31, 2024, the Hermosa Beach Police Department reported eleven (11) police reports and two (2) calls for service related to establishments with CUPS for on- sale alcohol sales. Of the eleven (11) reports and two (2) calls for service, two (2) were characterized by HBPD as CUP violations. For additional details on the Police reporting data and protocols please refer to Attachment 1 and 2. In addition to the two (2) CUP violations, an alleged violation of a CUP was reported on December 31, 2024. The investigation and citation of the CUP by the Department of Alcoholic Beverage Control occurred outside of this current reporting period of July 1, 2024 through December 31, 2024. However, the reported violation was included because it resulted in the issuance of a citation and warranted an individual CUP review. Specifically, the Planning Commission, at its January 18, 2025 meeting, reviewed the CUP for 1121 Aviation Boulevard (Ramen and Sushiya, Inc.), which resulted in the revocation of the CUP for on-sale alcohol. LA County Fire The Los Angeles County Fire Department (LACFD) provides information about paramedic records which may be used to assist in the investigative analysis of responsible alcohol- serving practices at on-sale beverage serving establishments. LACFD reported a total of 49 calls for ambulance service that were attributed to alcohol during this review period. Health Insurance Portability and Accountability (HIPAA) Privacy Rules prevent LACFD Page 150 of 162 City of Hermosa Beach | Page 3 of 5 from identifying the reported incidents with a specific business. Therefore, the data is not capable of providing any meaningful information on the alcohol-serving practices of specific establishments. However, this information continues to be requested following the Process and Standards for Review established for On-Sale Alcoholic Beverage Conditional Use Permits. LACFD is also responsible for inspecting the various establishments in the City for fire prevention measures which are conducted after the summer season. Although this data is site-specific, it relates to the facility inspected and does not correlate with alcohol service. Code Enforcement Code Enforcement routinely checks on-sale alcohol establishments for Conditional Use Permit compliance. Violations that are both a Municipal Code violation and a CUP violation are only counted once. Although businesses may have received warnings, the Department’s policy is to request compliance before issuing a citation fine. During this period, Code Enforcement did not issue any citations for violation of a Conditional Use Permit for on-sale alcohol. Process Criteria Statistics for On-Sale Alcoholic Beverage Conditional Use Permit Businesses (July 1st , 2024, to December 31st , 2024) Criteria Summary of All Businesses Violation of Operating Hours 0 ABC Violations reported to ABC (underage serving, violation of hours, etc.) 2** Overcrowding Citation 0 Serious Crime on Premises indicative of Lack of Adequate Security 0 Criminal Citation of Staff while working/on Premises 0 Noise Violation 0 Outdoor Encroachment Permit Violation 0 Building Code Violation (incl. remodeling without permit) 0 Health Department Violation 0 Sign Ordinance Violation 0 NPDES Violation 0 Violation of any CUP Condition* 2** *Most but not all Code violations are also CUP violations but shall only count as one violation. **Number includes one alleged violation reported during this review period that has been investigated, cited, and reviewed by the Planning Commission. Conclusion: Based on the data collected during this reporting period from all relevant departments and agencies, no establishment has reached the threshold for referral to initiate a Planning Commission review of a CUP. However, one (1) establishment, 1121 Aviation Page 151 of 162 Page 152 of 162 Page 153 of 162 HBPD and ABC The Hermosa Beach Police Department (HBPD) conducts a thorough review of all police reports related to establishments which hold a CA Department of Alcoholic Beverage (ABC) on-sale alcohol license in conjunction with a Conditional Use Permit (CUP). Additionally, HBPD contacts owners and managers of establishments related to any concern(s) the Police Department may have, of issues that do not rise to CUP violation. The Police reports are initiated by a Call for Service (CFS) or if an officer observes an incident/violation/or contacts someone in an enforcement capacity. The CFS may result in a report, citation, arrest, or no action may be taken. It is important to note that a CFS or a report at a specific address does not mean an incident happened inside the address or is directly related to a specific business; the address may simply be associated as a landmark (identifying the location of an incident) wherein the location itself had nothing to do with the incident. Therefore, a CFS or report should not be assumed to be problematic or involved in the incident as the CFS or report may have nothing to do with the specific address or location other than used as a landmark/identifying the location of an incident which may have occurred outside of the location. HBPD will note the number of CFS, and Reports associated with an address, along with the category of the reports (e.g., Drunk, Disturbance, Assault, etc.). An establishment will not have a CUP violation charged against them, unless, in HBPD’s review process it is determined that the establishment was complicit or clearly negligent in its actions which results in a violation of the CUP standards. As detailed in Attachment 2, HBPD’s statistics may have four (4) “Total” reports, of which only three (3) are “reviewed”, which would indicate that one of the four reports has nothing to do with the location. The number under the type of report may or may not be charged against the establishment, based on information demonstrating the establishment’s complicity or negligence, that would then inform a determination made by the HBPD Chief of Police. During the reporting period of July 1, 2024, to December 31st, 2024, there were eleven (11) police reports and two (2) calls for service related to establishments with CUPS that merited review by HBPD staff. Of the eleven (11) police reports reviewed, six (6) were previously reviewed during the last CUP reporting period, as the tri-annual review contains overlapping time periods (previous period covered March 1st, 2024, to August 31st, 2024). Additionally, there were two (2) calls for service that were reviewed, one (1) of which were reviewed during the last period. Of the eleven reports reviewed, two were deemed to count for CUP violations. The two calls for service were also not deemed to count as a violation. Attachment 2. Page 154 of 162 As noted in Attachment 2, a joint ABC grant with Manhattan Beach Police Department has been issued for October 2023-September 2024. Training per the grant has been administered and there are deployments planned over the next several months. Aka Ramen and Sushi had one report and one call for service that were evaluated. As the Conditional Use Permit has already been revoked for this establishment, partially due to these calls, no further action is required. HB Coastal had two reports reviewed, one which was reviewed previously. The report documented a private underage party that occurred at the location. Alcohol was not actively being served at the location, but alcohol was present. This was deemed a CUP violation. Hennessey’s Tavern had one report and one call for service, both of which were previously reviewed. Hermosa Saloon had one report reviewed during the last report. Paisanos had three reports reviewed during this period, two of which were already reviewed in the March-August report. The additional case involved subjects inside the business after hours, with alcohol being consumed and a sexual battery occurred. The case is still under investigation yet has been deemed a CUP violation. Patrick Molloy’s had one (1) case previously reviewed. Tower 12 had two (2) cases reviewed. One incident involved a fight that began inside the location, the parties were separated and both ejected from the establishment. The parties crossed paths outside near parking lot A, where another physical altercation occurred. Discussion regarding the disbursement of parties after an altercation has been discussed. The second instance involved an employee and a patron, and the altercation appeared to be mutual. The employee was disciplined and complaint filed to ABC at the reporting party’s request. The reporting party also admitted being under the influence and not desirous. Additionally, when HBPD conducts routine patrols of establishments with ABC licenses. If, during those patrols, an officer finds any suspicious activity in or around the premises, they log it as a security check (Attachment 2). The suspicious activity that would warrant it being logged as a security check would not necessarily be related to the CUP for the respective establishment. As part of Driving Under the Influence (DUI) and Drunk in Public arrests, HBPD officers, to the best of their abilities, ask arrestees to tell them where they have previously been drinking and more specifically the last place, they recall drinking. Not all contacts with arrestees provide an opportunity to ask these questions, however, the answers are Page 155 of 162 presented in Attachment 2 for the current period and Attachment 2 for the previous period. Page 156 of 162 Business Total Cases Total Reviewed Drunk in Public Disturbance Assaults Sexual Assaults Narcotics Other Reports Total Reviewed Disburbance or Assault CUP Violations AKA Ramen & Sushi 1 1 0 1 0 0 0 0 1 1 Revoked Baja Sharkeez 2(1)0 0 0 0 0 0 0 0 0 0 Barnacles 2 0 0 0 0 0 0 0 0 0 0 Crème de la Crepe 1(1)0 0 0 0 0 0 0 0 0 0 Fritto Misto 1(1)0 0 0 0 0 0 0 0 0 0 HB Coastal 2(1)2(1)0 0 1(1)0 0 1 0 0 1 Hennessey's Tavern 3(1)1(1)0 1(1)0 0 0 0 1(1)1(1)0 Hermosa Saloon 1(1)1(1)0 0 1(1)0 0 0 0 0 0 The Hook and Plow 1(1)0 0 0 0 0 0 0 0 0 0 Lighthouse 2 0 0 0 0 0 0 0 0 0 0 Paisano's 3(2)3(2)0 0 2(2)1 0 0 0 0 1 Patrick Molloy's 1(1)1(1)0 0 0 0 0 1(1)0 0 0 Poulet du Jour 1 0 0 0 0 0 0 0 0 0 0 Scotty's 1 0 0 0 0 0 0 0 0 0 0 Tacos El Goloso 1 0 0 0 0 0 0 0 0 0 0 Tower 12 4 2 0 0 2 0 0 0 0 0 0 Vista 1 0 0 0 0 0 0 0 0 0 0 Watermans 1 0 0 0 0 0 0 0 0 0 0 Totals 29(10)11(6)0 2(1)6(4)1 0 2(1)2(1)1 2 Overcrowding Citation Criminal Citation of Staff while Working/on Premise Serious Crime on Premises indicative of Lack of Adequate Security Violation of any CUP Condition ABC Violations (underage serving, violation of hours, etc) Overcrowding Citation ABC Violations (underage serving, violation of hours, etc) July - December 2024 CUP 6 Month Review Violation of Operating Hours Reports CFS Numbers contained within ( ) are reports and or CFS that were counted on the previous report. The total number does included these previously counted numbers. Page 157 of 162 Criminal Citation of Staff while Working/On premises Serious Crime on Premises indicative of Lack of Adequate Security Noise Citation Health Department Violation Outdoor Encroachment Permit Violation Building Code Violation (incl. remodeling w/o permit) Sign Ordinance Violation "Excessive Number" of Calls for Police Service "Excessive Number" of Public Complaints to City "Excessive Number" of Criminal Events on/adjacent to Premises Page 158 of 162 BARSHA 1141 Aviation Bl 2 HB COASTAL 844 Hermosa Ave 1 FOX AND FARROW 1340 Hermosa Ave 1 Security Checks for Businesses with Alcohol Licenses July - December 2024 Page 159 of 162 American Junkie 2 Greenbelt Public 1 Beach 1 Hennessey's 1 Beach House 1 Northend 1 Hennessey's 1 Other City 1 Hermosa Beach 3 Pier Plaza 2 House 3 Public 2 Other City 11 Sharkeez 2 Palmilla 1 Unknown 59 Pier Ave 3 Barnacles 1 Refused 8 Grand Total 70 Sharkeez 7 Tacos El Goloso 1 Tower 12 2 Underground 4 Zanes 1 Grand Total 49 Driving Under the Influence Public Intoxication July - December 2024 July - December 2024 Page 160 of 162 City of Hermosa Beach | Page 1 of 1 Meeting Date: February 17, 2025 Staff Report No. 26-CDD-018 Honorable Chair and Members of the Hermosa Beach Planning Commission PLANNING COMMISSION TENTATIVE FUTURE AGENDA (Planning Manager Alexis Oropeza) Recommended Action: Staff recommends Planning Commission receive and file the March 17, 2026, Planning Commission tentative future agenda. Attachments: 1. Planning Commission March 17, 2026 Tentative Future Agenda Respectfully Submitted by: Alexis Oropeza, Planning Manager Approved: Alison Becker, Community Development Director Page 161 of 162 C:\Program Files\eSCRIBE\TEMP\19441537306\19441537306,,,Attachment 1. Planning Commission Tentative Agenda for March .docx Tentative Future Agendas PLANNING COMMISSION City of Hermosa Beach Tuesday, March 17, 2026 Regular Meeting 5:00 PM Project Title Public Notice Meeting Date 1100 Pacific Coast Highway – Sign Variance for comprehensive sign program (Public Hearing) 3/5/26 3/17/26 725 5th Street – Conditional Use Permit for roof-mounted Wireless Communication Facility (Public Hearing) 3/5/26 3/17/25 1244 2nd Street – Lot line adjustment and Variance to reconfigure two existing lots (Public Hearing) 3/5/26 3/17/26 333 26th Street – Appeal of Convex Lot Determination by Community Development Director - 3/17/26 Upcoming and Pending Zoning Code More Study Sessions upcoming 3201 Pacific Coast Highway - Skechers Parking Plan & Precise Development Plan Page 162 of 162