HomeMy WebLinkAboutRES 15-7001 (APPROVING A PARKING PLAN AND CONDITIONAL USE PERMIT)1
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RESOLUTION NO. 15-7001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING
COMMISSION DECISION TO APPROVE A PARKING PLAN AND
CONDITIONAL USE PERMIT, FOR ON -SALE BEER AND WINE IN
CONJUNCTION WITH A RESTAURANT (`BRAT & BRAU'), BUT
MODIFYING THE CONDITIONS OF APPROVAL TO ALLOW
SERVICE OF BEER AND WINE UNTIL THE CLOSING TIME OF 11:00
P.M. DAILY, AT 1342 HERMOSA AVENUE, LEGALLY DESCRIBED AS
LOTS 10, 11 & 12, BLOCK 34, FIRST ADDITION TO HERMOSA
BEACH, CITY OF HERMOSA BEACH; AND DETERMINATION THAT
THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
SECTION 1. An application was filed by Bjoern Risse, of Brat & Brau, LLC, seeking
approval for a Parking Plan and Conditional Use Permit to (1) approve the addition of 246 square
feet of storage space to an existing 1,023 square foot suite through expanding into the existing rear
storage room but exclude this square footage from required parking calculations, and (2) allow on -
sale beer and wine service and consumption until 11:00 p.m. daily with food service available until
2:00 a.m. in connection with a new restaurant (Brat & Brau) at a two-story building at 1342
Hermosa Avenue.
SECTION 2. The Planning Commission conducted a duly noticed public hearing to
consider Parking Plan 15-5 and Conditional Use Permit 15-8 on August 18, 2015, at which time
the Staff Report and testimony and evidence, both written and oral, was presented to and
considered by the Planning Commission. The Planning Commission approved the application,
with conditions that included a specific condition that service and consumption of beer and wine
must end at 10:00 p.m. with the restaurant itself closing at 11:00 p.m.
SECTION 3. On August 25, 2015, the City Council, pursuant to Section 2.52.040 of the
Municipal Code, took jurisdiction of the Planning Commission decision.
SECTION 4. On October 27, 2015 the City Council held a duly noticed public hearing to
review the Planning Commission's decision, at which time testimony and evidence, both written
and oral, and the record of the decision of the Planning Commission was presented to and
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considered by the Council.
SECTION 5. Based on the testimony and evidence received, the City Council makes thl
following findings that the proposed storage area associated with Parking Plan 15-5 should bi
excluded from parking calculations:
1. The proposed storage area will not be used for seating or increase the occupant load of
the restaurant.
2. Pursuant to the definition of "gross floor area" as defined in Section 17.441 areas
excluded from calculation of gross floor area include inner open courts, corridors, open balconies,
and open stairways. The storage area is located on the ground level and connected to the subject
tenant space with exclusive access from Brat & Brau to the storage area.
3. The applicant's request to exclude the storage area from parking calculations is
reasonable since the space is on the ground floor and does not facilitate a change in seating
capacity or occupant load. The restaurant intends to use the space for storing kegs and
refrigeration.
4. The building is located on terrain sloping downward to the west. The sloping
topography makes approximately half of the ground floor level below grade, where the additional
storage space is proposed. Currently there are no existing exterior windows within the storage area.
The room has low 7 foot tall ceilings and is accessed from the alley to the east and shall be divided
into two rooms. The first room will consist of an additional 246 square foot space and shall be
designated for, and exclusively used by, Brat & Brau. There shall be no access to the alley from
this room. The remaining 281 square foot storage space will maintain access from the hallway to
the east of the building, but will be physically walled off from the Brat & Brau space and will not
be used by the restaurant.
SECTION 6. Based on the testimony and evidence received, the City Council makes the
following findings for a Conditional Use Permit request for on -sale beer and wine service,
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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pursuant to H.B.M.C. Section 17.40.020, and incorporating the conditions set forth in Section
17.40.080, and finds the project will be compatible with the surroundings and all impacts can be
reduced to an insignificant level:
A. Distance from existing residential uses: The project site is located on Hermosa
Avenue in the C-2 Restricted Commercial zone. An R-3 Multiple Family Residential zone is
located to the north of the subject site consisting of multi -family residences. Plans submitted to
the Community Development Department do not include exterior modifications. The applicant
proposes an amended floor plan while maintaining an occupant load of less than 49 persons.
The building is located downhill to the west of a nearby R-3 Multiple Family Residential )
zone and is separated by a twenty (20) foot wide alley, one -hundred (100) foot wide parking lot,
and a sixty (60) foot wide street. The R-3 zone to the north of the site is separated by an
approximately sixty (60) foot wide street. The sloping topography makes approximately half of the
ground floor level, where the restaurant is proposed, below grade. There are currently no existing
windows or doors along the ground level of the north elevation. No new windows or doors are
proposed. All business operations will be fully contained within the building, no outdoor dining
areas are proposed, and the restaurant use will be maintained with the new Brat & Brau restaurant.
The potential for noise from the restaurant disturbing neighboring residences will also be
reduced because the business will close at 11:00 p.m. daily, it has an occupant load of less than 49
persons, and the restaurant use will be fully contained within the existing building.
B. Adequacy of off-street parking facilities and streets, and distance of parking from the
proposed use: The proposed modifications continue the existing restaurant use while maintaining
an occupant load of less than 49 persons. Parking is not anticipated to be impacted.
C. Location of and distance to churches, schools, hospitals and public playgrounds: The
proposed modifications are not likely to affect Noble Park, or other parks or similar uses in the
vicinity due to distance and offset hours.
D. The combination of uses proposed, concentration and number of similar
establishments or uses within close proximity to the proposed establishment: The proposed project
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is located in the C-2 Restricted Commercial zone which aims to provide opportunities for a limited
range of office, retail, and service commercial uses specifically appropriate for the scale and
character of the downtown —a resident- and visitor -serving pedestrian -oriented shopping/
entertainment district. The previous restaurant use will continue with the addition of on -sale beer
and wine service and consumption until 11:00 p.m. daily. Other restaurants in the area also serve
beer and wine until 11:00 p.m. daily. Allowing this business to serve beer and wine until 11:00
p.m. is thus compatible with surrounding uses.
E. Precautions taken by the owner or operator of the proposed establishment to assure
compatibility of the use with surrounding uses: No special precautions are noted.
F. Noise, odor, dust and/or vibration that may be generated by the proposed use: All
business operations will be fully contained within the building with no outdoor dining areas
proposed. Therefore, noise, odor, dust and/or vibration disturbances are not anticipated.
G. Impact of the proposed use to the City's infrastructure, and/or services: The
restaurant use will be maintained with the new Brat & Brau restaurant and current infrastructure is
capable of handling the unchanged use. No impacts are anticipated.
H. Other considerations that, in the judgment of the planning commission, are necessary
to assure compatibility with the surrounding uses, and the city as a whole: No other issues are
identified.
SECTION 7. The project is Categorically Exempt from the California Environmental
Quality Act per Guidelines, Section 15303, Class 3, New Construction or Conversion of Small
Structures as the infill project is located in an urbanized area, does not involve an intensification of
use, and all necessary public service, access and facilities are available.
SECTION 8. Based on the testimony and evidence received, including the record before
and findings of the Planning Commission, the City Council hereby approves Parking Plan 15-5
and Conditional Use Permit 15-8 to add 246 square feet of storage area on the ground floor to be
connected with the ground floor restaurant (Brat & Brau) while excluding this square footage from
required parking, and modifying the decision of the Planning Commission to allow for on -sale
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beer and wine service and consumption until 11:00 p.m. daily, subject to the following
Conditions of Approval:
Parking Plan
1. The use shall be substantially consistent with the applicant's submittal reviewed and
approved by the City Council on October 27, 2015 except as provided by this permit. Minor
modifications that do not increase the use or create parking demand may be approved by the
Community Development Director.
2. The 246 total square feet of space converted for storage on the ground floor tenant
space shall be designated for use by the restaurant on the ground floor (Brat & Brau) at 1342
Hermosa Avenue.
3. The applicant shall record on the property, in a form acceptable to the City Attorney, a
covenant restricting the use of the 246 square feet added storage space to storage for the restaurant
on the ground floor (Brat & Brau) at 1342 Hermosa Avenue, and acknowledging that access to and
from the storage area shall be exclusively through the front restaurant establishment at 1342
Hermosa Avenue.
4. The project shall comply with the requirements of the Building, Fire and Public Works
Departments, and the Los Angeles County Health Dept. Operation of the business shall comply
with all applicable requirements of the Municipal Code.
5. The subject property shall be developed, maintained and operated in full compliance
with the conditions of this grant and any law, statute, ordinance 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.
6. The Planning Commission may review this Parking Plan and/or 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.
7. 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
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has commenced. One or more extensions of time may be requested. No extension shall be
considered unless requested, in writing to the Community Development Director including the
reason therefore, at least sixty (60) days prior to the expiration date. No additional notice o C
expiration will be provided.
Conditional Use Permit
8. The use consisting of a restaurant with on -sale beer and wine shall be substantially
consistent with submitted plans reviewed by the City Council on October 13, 2015, and as required
by project conditions. Minor modifications to the floor plan shall be reviewed and may be
approved by the Community Development Director. Any substantial deviation to the floor plan or
seating arrangement or intensification of use, or which alters the primary function of the business,
shall be reviewed and approved by the Planning Commission.
9. The business hours of operation shall be from 8:00 a.m. to 11:00 p.m. daily, at which
time all customers shall vacate the premises and the doors shall be locked.
10. The restaurant shall maintain sales reports showing the actual items sold and price
charged and invoices for all food, nonalcoholic beverages and alcohol beverages sold for the prior
twelve (12) months. Should the Planning Commission or City Council initiate a CUP modification
or revocation, the Commission, or the Council, may at its discretion require the subject business to
provide (a) a statement of the percentage of gross sales, computed monthly, that resulted from the
sale of prepared food for not longer than the prior twelve (12) months; and (b) the supporting data
upon which the percentage is based. The Planning Commission, or City Council, may also require
an audit of the records of the business by a certified public accountant to determine the gross sales
of food and alcohol or a forensic audit by a qualified auditor selected by the City of the
information and data systems by which the information is produced. The results of these audits
may be used to determine whether the grounds for modification or revocation exist. When
considering revocation or modification a restaurant that sells or provides on -sale alcoholic
beverages will be presumed to be operating as a restaurant if the monthly food to alcohol sale
ratios are consistent with the ratios in Section 17.70.010(H).
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11. The provision of alcoholic beverages shall be limited to beer and wine and comply witl
the following:
a. All alcoholic beverages shall be served in non -disposable drink ware.
b. No beer or wine shall be provided "to go."
c. Signs shall be posted in a conspicuous location warning patrons of the illegality
consuming alcoholic beverages in any public place.
12. Signs shall be posted compliant with H.B.M.C. Section 8.48.060 Alcoholil
beverages —Warning signs.
13. The establishment shall not adversely affect the welfare of the residents, and/o
commercial establishments nearby.
14. The business shall prevent loitering, unruliness and boisterous activities of the patrons
outside the business or in the immediate area.
15. If the operation of the establishment poses a risk of harm to persons or property, the
Police Chief may direct the presence of a police approved doorman and/or security personnel to
eliminate the problem, at the owner/operator's expense. If the problem persists the Chief then
shall submit a report to the Planning Commission, which will automatically initiate a review of this
Conditional Use Permit by the Commission.
16. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
17. The business shall comply in all other aspects with Municipal Code Chapter 8.24
(Noise Control) and noise from the premises shall not constitute a public nuisance.
18. Live entertainment (including but not limited to amplified music, disc jockeys, live
music whether acoustic or amplified, and live performances of all kinds), excluding two acoustic
musicians providing background music as allowed by the Municipal Code, and customer dancing
is prohibited. Such acoustic musicians shall not be located within ten (10) feet of the facade.
19. The practice of washing and rinsing restaurant floor mats, tables, equipment, etc., or
discharge of any liquids, other than stormwater, onto the public right-of-way, into the parking lot
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drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited tol
the sanitary sewer. Designation of a mop sink and provision of a grease trap shall be provided as
required by the Public Works and Building Division.
20. The establishment shall not use polystyrene take-out containers, which may or may
be identified with a "No. 6" or "PS" recycle code.
21. A manager who is aware of the conditions of this Conditional Use Permit shall be
premises during business hours. The Conditional Use Permit shall be maintained on the premises
in a location where employees can easily read the conditions.
22. Exterior and interior water use shall comply with H.B.M.C. Section 8.56. Proof of
compliance with water conserving devices shall be provided.
23. The project shall comply with all requirements of the City Building, Fire, and Public
Works Departments and maintain conformance with all other applicable City of Hermosa Beach
and regulatory agency requirements and standards, including but not limited to: California Coastal
Commission, California Department of Alcoholic Beverage Control, Los Angeles County Health
Department, California Disabled Access Standards (Government Code title 24), and Los Angeles
County National Pollutant Discharge Elimination System Permit (NPDES). City requirements
may include but not be limited to designation of a mop sink and installation of a grease interceptor.
SECTION 9. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed at the office of the Planning Division of the Community
Development Department their affidavits stating that they are aware of, and agree to accept, all
the conditions of this Parking Plan.
The Parking Plan and Conditional Use Permit shall be recorded and proof of recordation
shall be submitted to the Community Development Department prior to commencement
operation or issuance of Building Permit Certificate of Occupancy.
Each of the above conditions is separately enforceable and, if one of the conditions is found
unenforceable by a court of law, all other conditions shall remain valid and enforceable.
The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and
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its agents, officers and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void or annul this Parking Plan and Conditional
Use Permit. The City shall promptly notify the Permittee of any claim, action or proceeding and
the City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of
any claim, action or proceeding, or the City fails to cooperate fully in the defense, the Permittee
shall not thereafter be responsible to defend, indemnify or hold harmless the City.
The Permittee shall reimburse the City for any court and attorney's fees that 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,
participate at its own expense in the defense of the action but such participation shall not relieve
the Permittee of any obligation under this Permit.
SECTION 10. 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 11. 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 27th day of October, 2015.
of t#e City Council,an MAYOR of the City of Hermosa Beach, California
ATTEST: PROVED A TO FORM:
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City Clerk {' City Attorney V
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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. 15-7001 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 October 27, 2015.
The vote was as follows:
AYES: DiVirgilio, Tucker, Mayor Petty
NOES: Fangary
ABSTAIN: None
ABSENT: None
Dated October 28, 2015
Elaine Doerfling, City Cler ---