HomeMy WebLinkAboutRES 15-6980 (PARKING PLAN 53-57 PIER AVE.)2
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RESOLUTION 15-6980
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AFFIRMING THE PLANNING
COMMISSION DECISION, WITH MODIFICATIONS, TO APPROVE A
PARKING PLAN TO ADDRESS PARKING REQUIREMENTS FOR
SEVERAL CHANGES TO THE BUILDING AT 53-57 PIER AVENUE: TO
CLASSIFY A NEW FOOD ESTABLISHMENT AS A `SNACK SHOP'
(FOR THE RELOCATION OF CAFE BONAPARTE INTO THE FORMER
FROYO YOGURT LOCATION) FOR THE PURPOSE OF
CALCULATING PARKING REQUIREMENTS; TO ADD OUTDOOR
SEATING FOR THE SAID USE ON PIER PLAZA; TO CONVERT
APPROXIMATELY 250 SQUARE FEET TO STORAGE ON THE
GROUND FLOOR TO BE CONNECTED TO THE RESTAURANT ON
THE SECOND FLOOR (CURRENTLY FAT FACE FENNER'S FISH
SHACK) AND EXCLUDE THIS FROM REQUIRED PARKING; AND TO
RE-ESTABLISH OUTDOOR SEATING IN LORETO PLAZA IN
CONJUNCTION WITH A FUTURE RESTAURANT USE (FORMERLY
PARADISE SUSHI), LEGALLY DESCRIBED AS ASSESSOR PARCEL
NUMBER 4183-002-021
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. An application was filed by Greg Newman of Baja Sharkeez Restaurant
Group (the "Applicant"/"Permittee"), seeking approval for a Parking Plan to classify a cafe ("Cafe
Bonaparte) as a `snack shop' for purpose of calculating parking requirements; allow an outdoor
dining patio on Pier Plaza in conjunction with the proposed snack shop; conversion of 263 square
feet of space to storage on the ground floor to be connected with the adjacent restaurants and to
exclude this square footage from required parking; and to re-establish outdoor dining in Loreto
Plaza in conjunction with a future restaurant use at a two-story building at 53-57 Pier Avenue.
SECTION 2. The Planning Commission conducted a duly noticed public hearing to
consider Parking Plan 15-4 on May 19, 2015, at which time the Staff Report and testimony and
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evidence, both written and oral, was presented to, considered, and approved by the Planning
Commission.
SECTION 3. The City Council conducted a duly noticed public hearing to Consider
Parking Plan 15-4 on July 14, 2015, at which time the Staff Report and testimony and evidence,
both written and oral, was presented to and considered by the City Council.
SECTION 4. Based on the Staff Report, testimony and evidence received, the City
Council makes the following factual findings:
1. The subject site is zoned C-2 Restricted Commercial and is located within the
downtown area. The Applicant proposes to make the following changes to the ground floor
building and uses at 53-57 Pier Avenue: 1) to classify a new food establishment as a `snack shop'
and to add outdoor seating on Pier Plaza (Cafe Bonaparte — formerly Froyo Life); 2) to re-
establish a 235 square foot outdoor seating area in Loreto Plaza in conjunction with a new
restaurant (formerly Paradise Sushi); and 3) to convert ground floor area to storage to serve the
adjacent restaurants (Fat Face Fenner's Fish Shack and formerly Paradise Sushi).
2. The proposed cafe will offer coffee, sandwiches, salads, and baked goods and other
hot and cold beverages. Submitted floor plans indicate that the establishment will have 24 seats.
Customers will queue for food service and consume purchases on and off the premises.
3. The Applicant requests to classify the cafe as a `snack shop,' which allows
consideration of the parking standard for retail uses (one (1) space per 250 square feet) pursuant to
Section 17.04.050, thereby requiring no additional parking, rather than a restaurant parking
standard (one (1) space per 100 square feet).
4. The Applicant requests to convert 263 square feet of space in the ground floor unit
(53 Pier Avenue, formerly Froyo Yogurt) to storage for use by the adjacent restaurant. The
Applicant requests to exclude the converted storage area from parking calculations for the adjacent
restaurants.
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5. The Applicant also requests to construct a 263 square foot outdoor dining area in
front of the proposed snack shop, equivalent in size to the converted storage space while excluding
a required pedestrian pathway from the calculation of parking requirements.
6. The Applicant requests to re-establish a 235 square foot outdoor dining area
adjacent to the tenant space formerly occupied by Paradise Sushi and exclude a required pedestrian
pathway from the calculation of parking requirements.
SECTION 5. Based on the foregoing, the City Council makes the following findings that
the proposed use is a snack shop and will not intensify parking demand:
1. The proposed cafe will occupy a 1,048 square foot space consisting of 765 square
feet of back of house operations and a 283 square foot seating area with eight (8) seats. In addition,
an outdoor dining area in front of the tenant space is proposed to have 16 seats. The menu will
consist of coffee, sandwiches, salads, and baked goods. Cooking equipment will include a
stovetop and an oven. Although it has been common for snack shops to exclude cooking
equipment such as an oven, previous snack shop approvals with allowance of ovens (Subway)
have shown that allowance of an oven does not always define the use as a restaurant. The proposed
snack shop is currently located at another location on Pier Plaza and intends to relocate to the
space formerly occupied by Froyo Yogurt. The proposed cafe is consistent with the definition of a
`snack shop' per H.B.M.C. Section 17.04.050 because the establishment will not have seating
greater than 25, has a limited menu excluding alcoholic beverages, and will not offer sit-down
table service.
2. Pursuant to H.B.M.C. Section 17.44.210, the proposed use will not intensify
parking demand in comparison to the previous snack shop establishment (Froyo Yogurt). The use
will mainly attract walk-in customers who are already in Hermosa's beach, bicycle and pedestrian
oriented downtown, rather than creating new vehicle trips as the driver's sole destination.
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3. Pursuant to H.B.M.C. Section 17.44.030(0), the retail parking standard (one (1)
space per 250 square feet of gross floor area) is therefore appropriately applied to the proposed
SECTION 6. Based on the foregoing, the City Council makes the following findings
the proposed storage area shall be excluded from parking calculations:
1. The Applicant proposes to convert 263 square feet of space to storage for use
the second floor restaurant. The Applicant is requesting consideration that the storage area
excluded from the parking calculation because the proposed storage area will not be used
seating or increase the occupant load of the restaurant.
2. Pursuant to the definition of "gross floor area" as defined in Section 17.441
excluded from calculation of gross floor area include inner open courts, corridors, open balconies,
and open stairways.
3. The storage area is located on the ground level and is accessed by the staircase
entrance to the second level restaurant. Access from the ground level tenant space (formerly Froyo
Yogurt) is eliminated. Due to its location on the ground level of the building, its lack of internal
connectivity with the adjacent restaurant space, and its limited square footage, it is unlikely that the
space could be converted to additional seating or in a way that would increase the occupant load of
the restaurants. All factors considered, the Applicant's request to exclude the storage area from
parking calculations for the adjacent restaurants is reasonable.
SECTION 7. Based on the foregoing, the City Council makes the following findings
the proposed outdoor dining area in front of the ground level tenant space fronting Pier Plaza
not trigger additional parking:
1 "Gross floor area" means the total area occupied by a building or structure, excepting therefrom only the area of
any inner open courts, corridors, open balconies (except when utilized, e.g., restaurant seating or similar usage), and
open stairways. Such total area shall be calculated by measuring along the outside dimensions of the exterior
surfaces of such building or structure.
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1. The Applicant proposes to convert 263 square feet of space to storage for
second level restaurant use and construct an outdoor dining area on Pier Plaza in front of
ground level tenant space fronting Pier Plaza.
2. The Applicant requests to exclude a required pedestrian pathway from calculation
of square footage for parking considerations. A Master Parking Plan for allowance of outdoor
dining patios on Pier Plaza allowed for exclusion of entrance aisles and other areas not usable for
seating purposes. Considering the location of the outdoor patio within Pier Plaza and allowance of
the exclusion of pedestrian walkways when calculating square footage for parking requirements
pursuant to the Pier Plaza Outdoor Dining Master Parking Plan of 1997 the proposed patio may
exclude the pedestrian walkway from parking calculations.
3. The proposed elimination of 263 square feet of interior space into storage space for
adjacent uses will offset the 263 additional square feet from the proposed outdoor patio fronting
Pier Plaza, therefore additional parking for the proposed snack shop is not required.
SECTION 8. Based on the foregoing, the City Council makes the following findings that
the proposed outdoor dining area on Loreto Plaza, in conjunction with a future restaurant use
(formerly Paradise Sushi), may exclude entrance aisles and other areas not usable for seating
purposes from parking calculations and apply a parking ratio standard of one (1) space per 250
square feet as follows:
1. The Applicant seeks to reestablish a 235 square foot outdoor dining area adjacent to
the tenant space formerly occupied by Paradise Sushi. Submitted plans indicate the outdoor patio
will contain 14 seats. In 2007 an outdoor dining area in front of the subject restaurant was granted
an encroachment permit through the Public Works Department; however, necessary additional
approvals through the Community Development Department and Coastal Commission were never
obtained. The outdoor dining area was recently demolished and now the Applicant seeks to
construct an outdoor dining area in the same location as the previous one.
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2. The existing restaurant is nonconforming to parking requirements and pursuant to
Section 17.44.060(D) shall be subject to additional parking requirements.2 A Parking Plan may
allow for a reduction in the number of spaces required under HBMC 17.44.210.
3. The Applicant requests to exclude a required five (5) foot wide required pedestrian
path since the space cannot be used for seating. The Master Parking Plan for Pier Plaza from 1997
(Resolution No. 97-5787), which permitted construction of the outdoor patios on Pier Plaza,
allowed for the calculation of outdoor dining areas on Pier Plaza to "exclude entrance aisles and
other areas not usable for seating purposes" from the calculation of square footage. In addition,
the 1997 Parking Plan for Pier Plaza reduced the applicable parking ratio for the outdoor patios
from the restaurant standard of one (1) space per 100 square feet to one (1) space per 250 square
feet given the unique and seasonal nature of the outdoor patios, the pedestrian nature of Pier Plaza,
and the close proximity of public parking areas. Given its similar location and use on Pier Plaza, it
is reasonable to apply the aforementioned exclusion of the entrance aisle and parking ratio
reduction to the proposed outdoor dining area.
The exclusion of the entrance aisle will reduce the usable square feet of outdoor dining area
from 235 square feet to III square feet. Pursuant to Section 17.44.180 fractions of parking
requirements less than one-half can be disregarded.3 Therefore, the proposed addition of I I I
square foot of applicable outdoor dining area does not require provision of any additional parking
spaces.
4. Additionally, this outdoor dining area has operated in this location since 2007 and
there is no evidence that additional parking is necessary for this area. Thus, the area would be
2 Section 17.44.040(D) 'for expansions to existing buildings legally nonconforming to parking requirements, parking
requirements shall only be applied to the amount of expansion."
3 17.44.180 Resulting fractions. "When calculating the number of off-street automobile parking spaces required by
this code for any particular use, building or structure, or integrated group of uses, buildings or structures, any
resulting fraction less than one-half shall be disregarded, and any such fraction one-half or greater shall be
construed as requiring one additional parking space. (Prior code Appx. A, § 1166)"
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adequately parked given the unique and seasonal nature of the outdoor patios, the pedestrian natur
of Pier Plaza, and the close proximity of public parking areas.
SECTION 9. The project is Categorically Exempt from the California Environmentz
Quality Act per Guidelines, Section 15303, Class 3, New Construction or Conversion of Smal
Structures as the infill project is located in an urbanized area, does not involve an intensification
use, and all necessary public service, access and facilities are available.
SECTION 10. Based on the foregoing, the City Council makes the following findings that
the cumulative changes to the building will be adequately parked:
1. The cumulative changes to the building will be adequately parked because the
outdoor dining area in conjunction with the cafe is offset by the loss of square footage from the
converted storage space; the converted storage space to be used by the second floor restaurant will
not facilitate an increase in seating capacity or occupancy; the outdoor dining area on Loreto Plaza
in conjunction with the future restaurant use is unique and seasonal by nature, is ancillary to the
primary indoor restaurant use, and is located within close proximity of public parking areas.
SECTION 11. Based on the foregoing, the City Council hereby affirms the Planning
Commission's decision with modifications and approves Parking Plan 15-4, to classify a cafe
("Cafe Bonaparte) as a `snack shop' for purpose of calculating parking requirements; allow an
outdoor dining patio on Pier Plaza in conjunction with the proposed snack shop; conversion of 250
square feet to storage on the ground floor to be connected with the second floor restaurant and to
exclude this square footage from required parking; and to re-establish outdoor dining in Loreto
Plaza in conjunction with a future restaurant use at a two-story building at 53-57 Pier Avenue,
subject to the following Conditions of Approval:
1. The use shall be substantially consistent with the Applicant's submittal reviewed
and approved by the City Council on July 14, 2015 except as provided by this permit. Minor
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modifications that do not increase the use or create parking demand may be approved by
Community Development Director.
2. The proposed use in the ground level tenant space fronting Pier Plaza (53 Pi
Avenue, formerly Froyo Life) shall comply with the requirements of a snack shop as defined in the
Hermosa Beach Municipal Code Section 17.04.050, including limited food service of snacks, no
more than 25 seats, no waiter/waitress table service except queueing and no service of alcoholic
beverages.
3. The total square feet of space converted for storage on the ground floor tenant
space fronting Pier Plaza (53 Pier Avenue, formerly Froyo Life) shall be equivalent in square feet
to the proposed outdoor dining area in conjunction with the snack shop. Pursuant to Resolution
05-6417 the calculation of square feet may exclude pedestrian paths.
4. The Applicant shall obtain and maintain compliance with an encroachment permit
issued by the Department of Public Works for outdoor dining for both outdoor dining areas granted
by this permit in compliance with Municipal Code Chapter 12.16.
5. The outdoor dining area in front of the tenant space in Loreto Plaza (formerly
Paradise Sushi) shall maintain a five (5) foot wide walkway along the easterly half of the patio and
shall not exceed 14 seats.
6. No entertainment, speakers, or televisions are allowed on the outdoor dining areas.
7. The Applicant shall record on the property, in a form acceptable to the City
Attorney, a covenant restricting the use of the converted 263 square feet to storage for the adjacent
restaurants, and acknowledging that access from the storage area to the front space/snack shop at
53 Pier Avenue is prohibited.
8. An approved Coastal Development Permit issued by the California Coastal
Commission shall be filed with the City prior to commencement of any work. The project and its
operation shall comply with all Coastal Commission requirements, including but not limited to
submittal of the Coastal Development Permit issued by the California Coastal Commission for
development prior to issuance of construction permits.
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9. The project shall comply with the requirements of the Building, Fire and Public
Works Departments, and the Los Angeles County Health Department. Operation of the business
shall comply with all applicable requirements of the Municipal Code.
10. The subject property shall be developed, maintained and operated in full
compliance with the conditions of this grant and any law, statute, ordinance, or other regulation
applicable to any development or activity on the subject property. Failure of the Permittee to cease
any development or activity not in full compliance shall be a violation of these conditions.
11. The Planning Commission may review this Parking Plan and may amend
subject conditions or impose any new conditions if deemed necessary to mitigate detrimen
effects on the neighborhood resulting from the subject use.
12. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the City Council, unless significant construction or improvements or the use
authorized hereby has commenced. One or more extensions of time may be requested. No
extension shall be considered unless requested, in writing to the Community Development
including the reason therefore, at least sixty (60) days prior to the expiration date. No additional
notice of expiration will be provided.
SECTION 12. 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 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 against the City because of this grant.
Although the Permittee is the real party in interest in an action, the City may, at its sole discretion,
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participate at its own expense in the defense of the action, but such participation shall not relieve
the Permittee of any obligation under this condition.
SECTION 13. Pursuant to the Code of Civil Procedure Section 1094.6, any legal
challenge to the decision of the City Council must be made within 90 days after the final decision
by the City Council.
SECTION 14. This Resolution shall take effect immediately upon its passage and
adoption. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter
the same in the book of original Resolutions of said city; and shall make a minute of the passage
and adoption thereof in the records of the proceedings of the City Council at which the same is
passed and adopted.
PASSED, APPROVED AND ADOPTED this 14th day of July, 2015.
PRESIDENT of the City Council and MAYO
ATTEST:
City Clerk
the City of Hermosa Beach, California
W-61
r --
City Attorney
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TO FORM:
15-6980
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 15-6980 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on July 14, 2015.
The vote was as follows:
AYES: DiVirgilio, Petty, Tucker
NOES: Fangary, Mayor Barragan
ABSTAIN: None
ABSENT: None
Dated July 14, 2015
Elaine Doerfling, City Cler