The URL can be used to link to this page

Home My WebLink AboutPC Resolution 18-09 - (53 Pier Ave)The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed • - Baked :- • January 18, 2018, seeking approval for a Parking Plan to classify a new food service establishment (The Baked Bear) as a snack shop for purpose of calculating parking requirements at 53 Pier Avenue • i Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for• Plan 18-1on February1 2018, at which time the • • evidence, both written• oral, was presented • and considered by th'A Planning Commission. Section 3. Based on the Staff Report, testimony and evidence received, the Planning Commission makes the following factual findings: 1 . The site is zoned C-2 which allows food establishment uses, as well as reduction in parking requirements in accordance with a Parking Plan. 2. The proposed use is consistent with the goals and policies of the General Plan. The snack shop use is a visitor serving accommodation and is an appropriate use within the Recreational Commercial• Downtown District 3. The applicant requests to convert an approximately 1,300 square foot commercial retail space to a snack shop use serving a limited menu of ice cream sandwiches, cookies/brownies, pre -bottled soft drinks and water. 4. The kitchen will not be capable of serving full meals as equipment is limited to that necessary for the preparation and storage of baked goods and ice cream. Equipment within the rear p repa ratio n/storage room will include freezers, reach - in refrigerator, work tables, sinks and a planetary mixer, which is a mechanical mixer that allows continuous production of large quantities of dough. The front retail space will includepan racks, convection• -n (self-contained with no (for ice cream sandwiches), drink cooler, cookie double rack, food warmer, cream dipping cabinet and register. 5. Customers will order items from the service counter. No table service will be provided. A limited seating area with a total of eight seats (not to exceed 25 seats) will be provided. i,. The entire building is non -conforming to parking with no parking provided on -site, historically relying on public parking for all its uses. Section 4. Based on the foregoing, the Planning Commission 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, and parking is adequate based on the retail commercial parking standard: 1. The business is appropriately classified as a snack shop in accordance with H.B.M.C. Section 17.04.050 because: A. The business will provide a limited kitchen and storage service area with limited equipment and minimal seating, with a total of four tables and eight seats, within the dining area (not to exceed 25 seats) and is not expected to create parking demand equivalent to that created by a restaurant use. B. Customers will place and pick up orders at the counter; no waiter/waitress table service will be provided. C. Products provided will be limited to ice cream sandwiches, cookies/brownies, pre -bottled soft drinks and water. The ice cream sandwiches consist of cookies and/or brownies as the ends of the sandwich and the center consists of ice cream. D. Ice cream sandwiches tend to be a quick serve product due to limited preparation time and minimal ingredients and food components and these establishments tend to have quick turnover of patrons due to the "grab -and - go" nature of ice cream products, as compared to a typical restaurant. E. The kitchen will not be capable of serving full meals as equipment is limited to that necessary for the preparation and storage of baked goods and ice cream. Equipment within the rear preparation/storage room will include freezers, reach -in refrigerator, work tables, sinks and a planetary mixer, which is a mechanical mixer that allows continuous production of large quantities of dough. The front retail space will include pan racks, convection oven (self- contained with no hood), under counter refrigerator, squeeze bottle holder, blender, panini press (for ice cream sandwiches), drink cooler, cookie double rack, food warmer, ice cream dipping cabinet and register. F. The snacks and nonalcoholic beverages are served for consumption on the premises or for take-out. 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 retail to snack shop. Adequate parking will be provided for customers, clients, visitors and employees because: Section 5. The project is Categorically Exempt from the • • A,uality Act per Guidelines, Section 15301, Class 1 Existing Facilities, as the project involves negligible or no expansion of an existing use. I III I I I Jill I 1. The floor plan shall be substantially consistent with the plan approved by the Planning Commission on February 20, 2018 with no additional parking required for this use. Minor modifications that do not affect scale, type, location or intensity of uses or impacts thereof may be approved • the Community Development Director when not in conflict with the findings or conditions of this permit. Planning 3. 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, delivery •: purchased goods), notserve full mealsor have a kitchen capable of serving meals, no stove shall be provided, no Type 1 rangehoods shallbe provided, fialcoholicbeverages allowed. 4. The subject property shall be developed, maintained and operated in full compliance with the conditions of this permit 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 •:cease anydevelopment or •in full compliance• ` violation ofthese conditions. 5. Approval of this permit shall expire twenty-four (24) months from the date ofapprovalEthe Planning Commission, f • • 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. Section 7. This permit 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 f Development Department their affidavits This Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. valid any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorneys' 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 permit. 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 permit 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. Section 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission must be made within 90 days after the final decision. VOTE: AYES: Chairman Saemann and Commissioners Flaherty, Hoffman, Pedersen and Rice NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Planning Commission Resolution 18-9 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting of February 20, 2018. n Rob Saemann, Chairman ""Cer1 obertson, Secretary February20, 2018.. ......_._....��,...._............ Date....._._