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HomeMy WebLinkAboutRES 16-7051 (SUSTAIN PC DECISION HIFI ESPRESSO 227 PCH)2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R RESOLUTION NO. 16-7051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S DECISION APPROVING A PARKING PLAN FOR A NEW COFFEE HOUSE (HI-FI ESPRESSO) FOR THE PURPOSE OF DETERMINING THAT IT'S A SNACK SHOP WITH CHARACTERISTICS TO ALLOW CONSIDERATION OF THE RETAIL COMMERCIAL REQUIREMENT FOR PARKING AT 227 PACIFIC COAST HIGHWAY WITH AMENDED CONDITIONS AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, LEGALLY DESCRIBED AS NE 100 FT OF SW 110 FT OF LOT 60, WALTER RANSOM CO S VENABLE PLACE, CITY OF HERMOSA BEACH THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. An application was filed by Jeff and Karen Prugh seeking approval for a Parking Plan to classify a new coffee house (Hi-Fi Espresso) as a snack shop for purpose of calculating parking requirements. SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Parking Plan 16-5 on September 20, 2016, 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 a 5-0 vote. SECTION 3. On September 27, 2016, 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, 2016, 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 considered by the Council. SECTION 5. Based on the Staff Report, testimony and evidence received, the City Council makes the following factual findings: Page 1 of 6 16-7051 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R 1. The site is zoned SPA-7 which allows food establishments and reduction in parking requirements in accordance with a Parking Plan. 2. The applicant requests to convert an approximately 542 square foot commercial retail space to a snack shop serving a limited menu of coffee drinks, nonalcoholic beverages such as bottled waters, sodas, and juices, along with an assortment of pastries which will be prepared off -site including croissants, cookies, brownies, donuts, and pre -packaged yogurts. Customers will order items from the service counter. No table service will be provided. A limited seating area with a total of 16 indoor seats (not to exceed 25 seats) will be provided. 3. The site for the 4,878 square foot building does not meet current parking requirements for retail commercial uses (requiring one space for 250 square feet of gross floor area) with 12 parking spaces (eight of which are standard spaces and four are tandem spaces which cannot be counted towards meeting parking requirement) rather than the required 20 spaces for retail commercial uses. 4. The existing site is legally non -conforming to parking and the type of work proposed does not require the property owners to bring the site up to code with respect to parking allowing them to maintain their non -conforming rights. SECTION 6. Based on the Staff Report, testimony and evidence received, the City Council makes the following findings that the use is consistent with the snack shop designation, the characteristics of the proposed use are similar to retail use and will result in less parking demand than for a restaurant, parking is adequate based on the retail commercial parking standard, and the shared parking Condition #3 of P.C. Resolution 16-25 is not required because assigned parking is an equally effective way to manage parking for businesses on -site: 1. The business is appropriately classified as a snack shop in accordance with H.B.M.C. Section 17.04.050 because: A. The establishment will provide a total of 16 indoor seats (not to exceed 25 seats) as noted on submitted plans. Page 2 of 6 16-7051 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R B. Customers will place and pick up orders at the counter and no waiter/waitress table service will be provided. C. Full meals will not be provided as products offered are limited to coffee drinks, nonalcoholic beverages such as bottled waters, sodas, and juices, along with an assortment of pastries which will be prepared off -site including croissants, cookies, brownies, donuts, and pre- packaged yogurts. D. The kitchen is not capable of serving full meals as equipment is limited to an espresso machine, coffee brewer, coffee grinder, espresso grinder, hot water delivery system, urn and server, small refrigerator, small ice maker, and toaster oven used only for the purpose of warming the baked goods which will be pre -prepared off -site. E. There will be a shelving unit displaying a small assortment of fine retail goods as listed in the applicant's business narrative. F. Snacks and non-alcoholic beverages are served for consumption on the premises or for take-out. The consumption of food or beverages in the intended limited outdoor seating space is subject to an administrative permit pursuant to Chapter 17.55 of the Hermosa Beach Municipal Code (HBMC) and must be approved by the Community Development Department. 2. Pursuant to H.B.M.C. Sections 17.44.030(0) and 17.44.210, the retail commercial parking standard (one space per 250 square feet of gross floor area) is appropriate for this use with no additional parking required for this change of use from office to snack shop. Adequate parking will be provided for customers, clients, visitors and employees because: A. The applicant proposes no expansion to the approximately 542 square foot tenant space. B. The proposed use with its limited menu items and minimal seating is not expected to generate a high proportion of destination specific trips as it will also serve patrons already visiting nearby businesses (CVS, nail/beauty service, restaurants, auto repair business, music classes and gym) who may utilize the adjacent City parking facility. Page 3 of 6 16-7051 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R C. The limited service area at approximately 108 square feet and minimal seating, with a total of 16 indoor seats (not to exceed 25 seats) will not create additional parking demand. D. The proposed use is eligible for snack shop designation and exhibits the characteristics of a snack shop (Section 17.04.050). E. Parking demand for the proposed use is similar to retail use and will result in less parking demand than for a restaurant. Assigned parking provides business operators control of their employee and customer parking spaces and allows for parking coordination. F. Public parking is available adjacent to the subject property. SECTION 7. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15301, Class 1 Existing Facilities, as the project involves negligible or no expansion of an existing use. SECTION 8. Based on the Staff Report, testimony and evidence received, including the record before and findings of the Planning Commission, the City Council hereby sustains the Planning Commission decision to approve Parking Plan 16-5 (superseding Planning Commission Resolution 16-25), for a new coffee house (Hi-Fi Espresso) determining that it's a snack shop with characteristics to allow the retail commercial requirement for parking but eliminating the condition requiring shared parking so the property owner may assign parking to individual tenants at 227 Pacific Coast Highway and determining that the project is Categorically Exempt from the California Environmental Quality Act, subject to the following Conditions of Approval: 1. The floor plan shall be substantially consistent with the plan approved by the City' Council on October 27, 2016. No additional parking is required for this use as described in the plans. Minor modifications to plans required to comply with project conditions or codes may be approved by the Community Development Director. 2. The use shall comply with the requirements of a snack bar as defined in the Hermosa Beach Municipal Code Section 17.04.050, including no waiter/waitress table service shall be provided except queuing, (intermittent delivery of purchased goods), shall not serve full Page 4 of 6 16-7051 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1)R meals or have a kitchen capable of serving meals, no stove shall be provided, no Type 1 range hoods shall be provided, and no alcoholic beverages are allowed. 3. 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 hereafter adopted that is 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. 4. 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 Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. This resolution supersedes P.C. Resolution 16- 25. 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 of the conditions of this Parking Plan. The Parking Plan shall be recorded and proof of recordation shall be submitted to the Community Development Department prior to commencement of 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 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. The City shall promptly notify the Permittee of any claim, action or proceeding and the City shall fully cooperate Page 5 of 6 ISMISM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7R 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. That 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 minutes 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, 2016. S r. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: -.z r City Clerk Page 6 of 6 16-7051 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. 16-7051 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, 2016. The vote was as follows: AYES: Armato, Duclos, Massey, Petty, Mayor Fangary NOES: None ABSTAIN: None ABSENT: None Dated October 27, 2016 .�- -44 Elaine Doerfling, City Cler �_.