HomeMy WebLinkAboutPC Resolution 99-35 - (49-53 Pier Ave)2
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P.C. RESOLUTION 99-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING PARKING PLAN
AMENDMENT TO ALLOW OUTDOOR DINING (ALLOWING 200
SQUARE FEET OF OUTDOOR DINING) ON THE PEDESTRIAN
BRIDGE LOCATED OVER CITY PROPERTY IN CONJUNCTION
WITH A RESTAURANT AT 49-53 PIER AVENUE, LOCATED ON THE
SECOND FLOOR OF THE LORETO PLAZA COMMERCIAL
BUILDING, LEGALLY DESCRIBED AS LOTS 22, 23, AND 24, BLOCK
13 HERMOSA BEACH TRACT
Section 1. An application was filed by Conn Flatley and Gary Vincent, owners of the
combined businesses "Fat Face Fenner's Fishack" and "Fat Face Fenner's Falloon", seeking
approval for outdoor dining in conjunction with an existing restaurant with on-sale alcohol. The
applicant is proposing to use a 200 square foot pedestrian bridge located above City property
for additional seating requiring an amendment to the Parking Plan pursuant to Section
17.44 .210 of the Zoning Ordinance to allow the additional seating area .
Section 2 . The Planning Commission conducted a duly noticed de nova public hearing
to consider the application for a Parking Plan amendment on June 15, 1999, at which testimony
and evidence , both written and oral, was presented to and considered by the Planning
Commission.
Section 3 . Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings :
1. On January 13, 1998 , The Planning Commission approved the applicant's request for
on-sale alcohol, live entertainment, and extended hours in conjunction with an existing
restaurant use located within the second floor of the Loreto Plaza commercial building
(previously "Casablanca" restaurant").
2 . On May 17 , 1999 the Planning Commission approved a 1,150 square-foot expansion
of the restaurant into the contiguous building interior ( existing office space) utilizing a shared
kitchen with no through pedestrian access .
3 . The proposed use of the outdoor pedestrian bridge for outdoor dining and seating
purposes requires additional parking pursuant to Section 17 .44 .030 of the Zoning Ordinance.
4. Given the existing lot size and building coverage it is not feasible· to provide additiona
off-street parking on site without a complete redevelopment of the site .
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for the Parking Plan:
1. The site is zoned C-2, and is suitable for the proposed use with the proposed
amendment;
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2. The eXIstmg use with the proposed expansion rs compatible with surrounding
commercial and residential uses.
3. The imposition of conditions as required by this resolution will mitigate any
negative impacts on nearby residential or commercial properties.
4. Calculating the increased parking requirement pursuant to Section l 7.44.030(E) for
a restaurant use results in an additional off-street parking requirement of 2 spaces. Based on the
proposed use of a portion of a parking credit of four spaces for a previous restaurant use
converted to office within the building, there is no increased parking requirement for the
outdoor seating.
5. .--This project is Categorically Exempt pursuant to Section 15303c of the
California Environmental Quality Act.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
Parking Plan Amendment, to allow outdoor dining on the pedestrian bridge over city property
subject to the following Conditions of Approval.
1.
2.
The proposed outdoor dining location shall be as shown on submitted plans.
Modifications to any of the plans shall be reviewed and may be approved by the
Community Development Director.
The outdoor dining area may be occupied in conjunction with the existing
restaurant prior to the occupancy of the expansion as set forth in P .C. Resolution
99-27. Since 2 of the 4 credited parking spaces (based on the previous restaurant
use within the building converted to office use) are to be used for the outdoor
dining, the amount of credit applicable to the restaurant expansion inside the
building (P.C. Resolution 99-27) is reduced to 2 spaces.
Section 6. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed a 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 grant.
The Parking Plan shall be recorded, and proof ofrecordation shall be submitted to the Community
Development Department.
Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court oflaw, all the other conditions shall remain valid and enforceable.
Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees
from any claim, action, or proceeding against the City or its agents, officers, or employee to
attack, set aside, void or annul this permit approval, which action is brought within the applicable
time period of the State Government Code. The City shall promptly notify the permittee of any
claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to
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promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate
fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold
harmless the City .
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,
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 .
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.er 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.
The Planning Commission may review this Parking Plan 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.
VOTE: AYES:
NOES :
ABSENT:
ABSTAIN:
Commissioners Ketz, Perrotti, Pizer, Chairman Tucker
None
Commissioner Schwartz
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 99-35 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
mee;,r Ju73/9
Peter Tucke(, -"'trman
Date 7/417 /12
Pprs53a
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