HomeMy WebLinkAboutRES-12-6797 (OUTDOOR RETAIL SALES/DISPLAYS)1
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RESOLUTION NO.12-6797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, (1) AMENDING CITY COUNCIL RESOLUTION 05-
6417, "ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN
AND OPERATION OF OUTDOOR DINING AREAS ON PIER PLAZA", (2)
MAINTAINING THE CITYWIDE PROHIBITION ON OUTDOOR RETAIL
SALES/DISPLAY AREAS AND PORTABLE SIGNS ON THE PUBLIC RIGHT-
OF-WAY, (3) RESCINDING CITY COUNCIL RESOLUTION 05-6418
"ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND
OPERATION OF OUTDOOR RETAIL SALES/DISPLAY AREAS ON PIER
PLAZA"; AND (4) ADOPTING A NEGATIVE DECLARATION.
The City Council of the City of Hermosa Beach does hereby resolve as follows:
SECTION 1. The Planning Commission held duly noticed public hearings on January 17,
February 21, and March 20, 2012, and adopted Planning Commission Resolution 12-4
recommending the City Council (1) amend Subsection F of Section IV (Design Standards) of
Exhibit A to City Council Resolution 05-6417 "Adopting Standards and Procedures for the Design
and Operation of Outdoor Dining Areas on Pier Plaza," (2) maintain the prohibition in the
Hermosa Beach Municipal Code on retail sales/displays and portable signs on the public right-of-
way for all commercial zones and Pier Plaza and rescind City Council Resolution 05-6418
"Adopting Standards and Procedures for the Design and Operation of Outdoor Retail
Sales/Display Areas on Pier Plaza," (3) maintain the prohibition on outdoor retail sales/display
areas and portable signs,; and (4) adopt a Negative Declaration.
SECTION 2. The City Council held a duly noticed public hearing on April 24, 2012, at
which time all testimony, both oral and written, was presented to and considered by the City
Council.
SECTION 3. The City Council hereby makes the following findings:
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1. On August 9, 2005 the City Council adopted Resolution 05-6417 "Adopting
Standards and Procedures for the Design and Operation of Outdoor Dining Areas on Pier Plaza,"
pursuant to Title 12, Chapter 12.16 of the Municipal Code pertaining to encroachments into the
public right-of-way. Resolution 05-6417 allows retractable awnings to extend over fifty percent
of the encroachment area; the amendment herein to City Council Resolution 05-6417 to allow
retractable awnings to extend over the entire encroachment area reflects current, albeit
unauthorized practices, which are demonstrated to have no adverse effects on aesthetics, public
health or safety, or other factors.
2. A separate Municipal Code amendment is being processed simultaneously to allow
outdoor dining in commercial zones excluding SPA-11 on the public right-of-way without a
conditional use permit.
3. Maintaining the prohibition on portable signs and retail sales/display areas on the
public right-of-way throughout the City is in the public interest due to (1) significant impacts on
aesthetics and creation of visual blight as businesses `push the envelope' as they compete for
customers; (2) difficulty in creating an enforceable standard defining an aesthetic that is `tasteful';
(3) the City's lack of resources to enforce regulations particularly on Friday through Sunday; and
(4) this approach is consistent with an apparent prohibition by many similarly situated southern
California beach cities. Allowing portable signs and retail displays is inconsistent with the General
Plan because the prevalence of many and disparate encroachments is contrary to the orderly
development of the city. Accordingly, since Resolution 05-6418 "Adopting Standards and
Procedures for the Design and Operation of Outdoor Retail Sales/Displays on Pier Plaza" regulates
a use that the Code does not provide for, it should be rescinded. No Municipal Code amendment is
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necessary to because the standards in Resolution 05-6418 were never codified into the Hermosa
Beach Municipal Code.
SECTION 4. Pursuant to the provisions of the California Environmental Quality Act, an
Initial Study and Negative Declaration were prepared and it was determined that no significant
impacts on the environment would result from the project. The Negative Declaration prepared for
this project reflects the City's independent judgment and analysis. The Notice of Intent to Adopt a
Negative Declaration was advertised in accordance with CEQA Section 15070 on March 22, 2012
for a period of at least twenty (20) days ending on April 11, 2012. The City Council finds that
there is no substantial evidence that the project would have a significant impact on the
environment and adopts the Initial Study and Negative Declaration as adequate and complete and
approves the Final Negative Declaration.
SECTION 5. The City Council of the City of Hermosa Beach hereby modifies the
standards for outdoor dining on Pier Plaza and maintains the prohibition in the Hermosa Beach
Municipal Code on retail sales/displays and portable signs on the public right-of-way citywide
including Pier Plaza, as follows:
1. City Council Resolution 05-6418 "Adopting Standards and Procedures for the Design
and Operation of Outdoor Retail Sales/Display Areas on Pier Plaza" is hereby rescinded and shall
be void and of no further effect.
2. Subsection F of Section IV (Design Standards) of Exhibit A to City Council Resolution
05-6417 "Adopting Standards and Procedures for the Design and Operation of Outdoor Dining
Areas on Pier Plaza" is amended to read as follows:
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F. The use of awnings or umbrellas over the outdoor dining area is permitted,
provided they do not interfere with street trees. No portion of an awning or umbrella shall be less
than eight feet (8') above the sidewalk. Umbrellas must be contained within the encroachment
area. Awnings may extend up to six feet six inches (6'-6") from the building front or cover up to
fifty percent (50%) of the outdoor dining area, whichever is less. Retractable awnings may extend
up to thirteen feet (13') from the building front or cover up to one hundred percent (100%) of the
outdoor dining area, whichever is less. A building permit must be obtained prior to installation of
an awning.
SECTION 6. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge
to the decision City Council must be made within 90 days after the final decision by the City
Council.
SECTION 7. 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 24th day of April, 2012.
PRESIDENT of the
ATTEST:
City Clerk
and MAYOR of the City of Hermosa Beach, California
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Attorney
CCU
12-6797
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.12-6797 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 April 24, 2012.
The vote was as follows
AYES:
Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: May 9, 2012
Elaine Doerfling, City e c