Planning commission approves amended conditions for Roberts Liquor at 74 Pier Avenue after ABC, police findings

The Hermosa Beach Planning Commission on Feb. 4 voted unanimously to adopt an amended resolution that modifies—but does not replace—the 1990 conditional use permit for Roberts Liquor at 74 Pier Avenue, the commission said.

Staff said the action memorializes operational improvements negotiated between city staff, the police department and the business after enforcement actions, including an undercover Department of Alcoholic Beverage Control investigation and related police citations. Project planner Johnny Case told the commission staff recommends adopting "an amended resolution to reflect the owner's request to have the proposed amended resolution . . . in addition to the city council resolution 90-5357" and to retain a short list of conditions of approval (including conditions 5, 10a, 10b, 12, 16, 17 and 21).

Case reviewed the record: the CUP allowance was first adopted by the planning commission and affirmed by city council action in 1990, the business received a local business license in 1996, and more recently ABC conducted an undercover operation that resulted in the off-sale of alcohol to a minor, which is a state-law violation. Case said staff found three of the seven legal findings required to revoke or modify a CUP can be made and that staff's recommendation is to memorialize agreed operational changes as conditions so future operators comply.

Applicant representative Kit Bobko, who said he submitted a detailed letter that afternoon contesting "some of the facts," told the commission he appreciated staff and chief's engagement and that "the additional terms . . . are what we agreed to." The police chief, speaking for the department, thanked the owner for cooperating and warned of enforcement limits: "it's very difficult to, have anything that's full proof on protecting fake IDs or the risk of people using fake IDs," he said, noting coordination with ABC.

Commissioners asked staff to consolidate documentation so the original council resolution and the amended language appear together as exhibits and to produce a clean final resolution without the strike-through edits that appeared in the working draft. Vice Chair Flaherty and other commissioners criticized the late delivery and the visual clarity of the staff packet but said the substance—ID readers, surveillance, manager/employee training and signage—represents a pragmatic update to a decades-old CUP.

Commissioner Hirsch moved to accept staff's recommendation with two specific modifications: provide a clean final resolution without the strike-throughs and include the original CUP as an exhibit. Vice Chair Flaherty seconded the motion. The commission found the project categorically exempt under CEQA and carried the motion on a unanimous roll-call vote: Commissioners Hoffman, McNally, Hirsch, Vice Chair Flaherty and Chair Eisen voted yes.

The amended resolution will retain and memorialize the specified conditions of approval, require electronic identification-verification systems (condition 5), require conspicuous signage about alcohol laws (condition 10a/10b as revised), and require employees and managers to complete training (condition 12). Staff said the final, clean version of the resolution and the original council resolution will be attached as exhibits before the resolution is signed.