HomeMy WebLinkAboutPC Resolution 18-17 - (Denial 190 Hermosa)P.C. RESOLUTION NO. 18-17
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PermitSection 1. An aDDlication was filed on May 31, 2018 for a request for a Conditional Use
outdoorment
and and 190 Hermosa Avenue to allow floor
implemented and Planning approved
planand permit approvals.
Section 2. The ♦ Planningly }
ring to consider
the ap
plication for Conditional Use Permit amendment at which time
Commission.testimony and evidence, both oral and written, was presented to and considered by the Planning
Sectionase on the testimony and evidence received, the Planning Commission makes
the factual findings
approved1 . During the June 20, 2017 meeting, the Planning Commission a CUP amendment
and associated floor plan memorialized in Planning Commission Resolution 17-17
(attached) approval,d
extending operation.
incorporates2. This resolution and supersedes Planning Commission
Resolutionand effect and further adds
conditions of ato clarify
Section 4 Based on the foregoingr Planning
findingsfollowing t pertainingapplication + Conditional Use Permit amendment
pursuant to Section 17.40.020 of the Municipal
1. Distancefrom wexistuiir_a si(ieji ial tis �s: The restaurant establishment directly abuts the
property line and the side outdoor patio is located approximately eight feet from the nearest
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Denying CUP Amendment
residence on Palm Drive. The side and front patios are located approximately four feet from
residential uses south of the project site. Given the very small lot size, density of uses, and
very close proximity to residential uses, the proposed floor plan alterations which increase
outdoor seating capacity and larger window and door openings are anticipated to have noise
impacts on nearby residential uses. The existing 2017 approval provides the balance between
allowing the new restaurant operate on a small lot near residential and was carefully
conditioned to balance the competing interests and needs of the adjacent land uses. This
proposal to expand that use is too large for the site, adds to an existing parking deficiency
and on balance, shifts away from that careful balance to a level of incompatibility and
impedes the City's ability to meet General Plan goals.
2. Tlic aniopim ofexi. 11
qff�91�?_gpj< i ,-iixl its distance fi-oin the
�q�e:� The existing restaurant use is legally non -conforming to parking with no
existing parking on -site. Although code based parking is technically satisfied, the General
Plan Mobility chapter provides parking occupancy rates which indicate that the project site
located within an area where parking is highly strained during weekday evenings and
weekend afternoons. The City also strives for a parking system that meets the parking nee
and demand of residents, visitors, and employees in an efficient and cost effective manner
through reducing spillover parking impacts due to employee parking and seasonal and eveni
based demands (GP Mobility Goal 4, Policy 4.3) and ensuring that prime commercial
parking spaces are available for customers and other short-term users throughout the day
Mobility Goal 4, Policy 4.8). The additional seating capacity created by these floor plan
changes will intensify the approved business and create additional demand for parking in a
area where parking is already highly strained which is anticipated to result in impacts to
nearby residential neighborhoods and commercial uses. Lack of customer parking also
creates noise in the neighborhood, for example when customers circle, try to find parking, I
out customers in front while the driver searches for parking, etc.
from 92 persons to between 128 to 120 persons (which includes patron and employee areas)
and will result in a 3 9. 1 % to 3 0.4% increase to the originally anticipated occupant load. The
existing 2017 approval provides the balance between allowing the new restaurant operate on
a small lot near residential and was carefully conditioned to balance the competing interests
and needs of the adiacent land uses, This ( ro(tosal to exlyand that use is too larNg -for the sibai
adds to an existing parking deficiency and on balance, shifts away from that careful balance
to a level of incompatibility and impedes the City's ability to meet General Plan goals.
3. Nqi,s�)(10 k (JUst apd/or vibration t],I(I( I'llay )e ,en *rj d .y )qW Lise: The
preliminary occupant load analysis for the restaurant building is anticipated to increase from
92 persons to between 128 to 120 persons (which includes patron and employee areas) and
will result in a 39. 1 % to 3 0 .4% increase tothe originally anticipated occupant load. The
proposed increase in the number of patron seating as well as the proposed increase in the
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Denying CUP Amendment
amount of openable windows and doors located in close proximity to residential uses is
anticipated to result in noise impacts to the nearby residential uses.
4. IInp,,L pf I 'i Uosed qsc (o flw! i1y's
- . . ...... 1; _Jtiftastructure and/or services: The Hermosa Beach
Police Department indicated that there are potential issues with noise impacts resulting from
additional seats at the side outdoor patio area due to several residences located adjacent to
(east and south) of the patio. Additional seating at the side outdoor patio poses potential noise
impacts to nearby residents which may result in the need for additional City enforcement
Section 5. Based on the foregoing, the Planning Commission hereby denies the request
for Conditional Use Permit Amendment 18-7.
Section 6. The Planning Commission hereby affirms the Planning Commission's June
2017 decision as memorialized in Planning Commission Resolution 17-17, and affirms the
following findings set forth in Planning Commission Resolution 17-17:
A. Distanceftom existing residential uses: Surrounding zoning is C-1 Neighborhood
Commercial to the west and R-3 Multiple -Family Residential to the north, east and south.
The existing restaurant is located approximately 60 feet from residential uses to the north and
east and 3 feet to the residential use to the south. Existing legal nonconforming residential
uses are located on the same lots, to the east, and along Palm Drive. The rear outdoor patio
directly abuts the property line and is located approximately eight feet from the nearest
existing legal nonconforming residence situated at the southeast portion of site. The rear and
front patios are located approximately four feet from residential uses to the south of the
project site. Restaurant access is from Hermosa Avenue, and there is no access at the rear
(east and south) near the residences. Business operations are oriented to the west towards
Hermosa Avenue with the exception of the existing 455 square foot rear outdoor dining
patio.
The proposal includes addonal seating wn the existing front (west) 154 square foot
outdoor dining patio area, which is narrow (5.5 feet by 28 feet) and fronts Hermosa Avenue.
There are minimal windows and on the adjacent wall of the residences located south of the
proposed expansion to the front (west) outdoor dining patio. These residences have balconies
fronting on Hermosa Avenue.
To further mitigate potential noise impacts to the adjacent residences, the project is
conditioned to prohibit entertainment, music, speakers, televisions, or audio or visual med
of any type, whether amplified or unamplified, in the outdoor patio areas. I
'n %wry'n"WVVY 5 �11 N M 1.
or sustained noise from the premises of any commercial establishment which is adjacent to
one or more residential dwellinv units. includin anv outdoor area Dart of or under the control
MIN-11 111111,
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Denying CUP Amendment
Ordinance which applies to everyone and protects the public health, safety and welfare. The
proposed operating hours are 7:00 A.M. to 1100 P.M. daily and the applicant is requesting to
expand the entire outdoor area beyond the approved 16 seats in the rear patio. Given the very
small lot size and density of uses and very close proximity to residential uses, the project is
conditioned with a later opening time of 8:00 A.M and earlier closing time of 10:00-P.M.
daily for both patios to prevent noise impacts and ensure compliance with the Hermosa
Beach Noise Ordinance (See also Criteria E and 1).
B. The amount of existing or proposed off-street parkingJacilities, and its distance ftom the
proposed use: The existing restaurant use is legally non -conforming to parking with no
existing parking on -site. No additional square footage is proposed, and no additional parkinj)
is proposed, so parking will not be negatively impacted.
C. Location of and distance to churches, schools, hospitals andpublic playgrounds: There
are no nearby churches, schools or hospitals, as the nearest of these sensitive receptor is
approximately 770 feetmiles) from the project site. Therefore, negative impacts
to these sensitive uses are not anticipated.
Late -night alcohol beverage establishments are on -sale establishments with a CUP that
allows operation after 11:00 P.M., including restaurants, establishments that serve or allow
alcoholic beverages as the primary use (e.g., bars), and establishments that provide live
entertainment. The objective of the City's late -night alcohol beverage establishment policy is
to reduce the potential for adverse impacts associated with late -night alcohol beverage
establishments after 11:00 P.M.
The existing restaurant is located in the C- I Neighborhood Commercial zone which aims to
provide sites for a mix of small local businesses appropriate for, and serving the daily needs
of nearby residential neighborhoods; while establishing land use regulations that prevent
signif w�m irwAa"
g L
general commercial services, snack shops, restaurants, and retail. The proposal to increase
restaurant operating hours will not increase the number of late -night alcohol beverage
establishments, is consistent with the surrounding uses, and the intent of the C- I zone.
E Precautions taken by the owner or operator of the proposed establishment to assure
compatibility of the use with surrounding uses: The existing restaurant operates Monday
through Thursday from 7:00 A.M to 3:00 P.M. and Friday through Sunday 7:00 A.M. to 4:00
P.M. and has operated compatibly with surrounding uses for many years. The Hermosa
Beach Police Department and Fire Department have expressed no concerns about the
proposal. Although complaints with the existing operation have not occurred, the
applicant proposes operating hours of 7:00 A.M. to 11:00 P.M. daily and requests to expand
the entire outdoor area beyond the approved 16 seats in the rear patio. Therefore, although
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Denying CUP Amendment
complaints have not been expressed related to the current operation, there are operation
and floor plan modifications proposed and impacts cannot be weighed through an
4apples-to -apples" comparison. The restaurant establishment directly abuts the property
line and the rear outdoor patios is located approximately eight feet from the nearest existing
legal nonconforming residence situated at the southeast portion of site. The rear and front
ftatios are located approximately four feet from residential uses to the south of the project
site. The Hermosa Beach Noise Ordinance states that continuous —.r , eated or sustained noise
from the premises of any commercial establishment which is adjacent to one or more
residential dwelling units, including any outdoor area part of or under the control of the
establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is plainly audible from
the residential dwelling unit's property line is prohibited (Section 8.24.040 HBMC).
F The relationship of the proposed business -generated traffic volume and the size of streets
serving the area: The proposal to increase operating hours to 11:00 P.M. on weekdays
and provide additional seating within the front (west) patio, with the project conditioned that
both patios be limited to 8:00 A.M to 10:00 P.M. daily, will not affect existing streets or
impact traffic volume, as the proposed modifications will continue the existing restaurant
use which has historically operated at this location, and operating times are staggered with
surrounding commercial uses and the restaurant use.
G. The proposed exterior signs and decor, and the compatibility thereof with existing
establishments in the area: Plans submitted to the Community Development Department
are limited to interior floor plan changes, patio modifications and window and door
replacements and installations which are all related to the use as a restaurant with on -sale
beer and wine and outdoor dining. Signage and building design/aesthetics will be reviewed
administratively during the plan check process.
H The number of'similar establishments or uses within close proximity to the proposed
establishment: All four nearby existing on -sale alcohol establishments have Type 41 alcohol
licenses which authorize the sale of beer and wine for consumption on or off the premises
where sold. Distilled spirits may not be on the premises. One establishment is a late -night
alcohol beverage establishment with outdoor dining, and three establishments close no later
than 11:00 P.M. The proposal to increase operating hours will not increase the number of
late -night alcohol beverage establishments and is consistent with the surrounding uses.
The table below outlines nearby similar establishments within close proximity to the
existing restaurant.
— ---------- . . ...................... . . . ....
The Spot
.
. . . .......
1102 nd Street
............................ _ . . . . . .
Type 41 onbeer and
. . _
............... . . . . . ................ _
I I am to 9:30 pin weekdays and
wine)
9 am to 9:30 pm weekends
(All alcohol to be consumed in
the premises)
Hermosa each
66 Hermosa
Type 41 (on -sale beer and
6 am to 2 prn daily (Late -night
Yacht Club
Avenue
wine)
alcohol beverage establishment)
Outdoor service 9 am' to 9 pm,
Uncle Stavros
201 Hermosa
Type 41 (on -sale beer and
Type
9 am to 11 pm daily
Cafe
Avenue
ovine)
i�o .............................. . . . . . . . . . . ------I
.............. ------------
I Noise, odor, dust andlor vibration that may be generated by the proposed use: The project is
conditioned to prohibit televisions and other similar equipment within the outdoor patio
10 I.TeR.S.
The applicant proposes to modify operating hours to 7:00 A.M. to 11:00 P.M. daily and
expand the entire outdoor area beyond the approved 16 seats in the rear patio. Proposed
operating hours are appropriate, with a later opening time of 8:00 A.M and earlier closing
time of 10: 00 P.M. for both patios given proximity of residential uses. The Noise Ordinance,
which was adopted in the year 2000, and specifies prohibited noises states that continuous,
repeated or sustained noise from the premises of any commercial establishment which is
adjacent to one or more residential dwelling units, including any outdoor area part of or
under the control of the establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is
plainly audible from the residential dwelling unit's property line is prohibited (Section
8.24.040 HBMC). Odor, dust and/or vibration disturbances are not anticipated as
modifications are limited to interixz-ftkur - 1X,_7Ai1a1W if
door replacements and installations. Hours for outdoor dining areas require compliance with
the Hermosa Beach Noise Ordinance.
J Impact of the proposed use to the City's infrastructure, andlor services: The existing
restaurant use will be maintained, and current infrastructure is adequate. No impacts are
anticipated from the proposed extension of hours or from the use of the front (west)
outdoor dining area.
K Will the establishment contribute to a concentration of similar outlets in the area: The
applicA nt's proposal to increase operating hours to 7: 0 0 A.M. to 11:00 P.M. daily will
not add to the concentration of similar outlets in the area because an alcoholic beverage
estAI lishment has already been established at this location for many years.
L. Other considerations that, in the judgment of the planning commission, are necessary
assure compatibility with the surrounding uses, and the city as a whole: None noted. i
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Denying CUP Amendment
Section 7. Based on the foregoing the Planning Commission hereby affirms the Planning
Comrnissi��s J�ne 2017 decision as memorialized in Planning Commission Resolution 17-17,
and affirms the following conditions of approval with modifications to provide additional
conditions of approval to clarify the intent of the previously approved conditions
(L. The use consisting of a restaurant with on -sale beer and wine and outdoor dining
shall be substantially consistent with plans submitted and approved by the Planning
Commission on June 20, 2017. Minor modifications to the plan shall be reviewed
and may be approved by the Community Development Director. Any substantial
deviation must be reviewed and approved by the Planning Commission.
2. The permitted hours ®f operation for the interior dining areas shall not exceed 7:00
a.m. to 11:00 p.m. daily.
3. The permitted hours of operation for the outdoor dining areas shall not exceed 8:
I to 10:00 p.m. daily after which the areas shall be closed and loitering shall nkI
be permitted.
n. Entertainment, music, speakers, televisions, or audio or visual media of any
type, whether amplified or unamplified, shall be prohibited within the outdoor
ng areas.
® A minimum 42" high railing shall be installed and maintained around the outdoor
dining area.
5. The business shall be operated as a bona fide restaurant. The restaurant shall make
available to customers and serve prepared food items of their choice until sixty (60)
minutes prior to the close of business.
6. 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 proceeding, 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
restaurant maintains a minimum of fifty (50) percent of the total gross sales,
computed monthly, from the sale of prepared food is presumed to be a restaurant.
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Denying CUP Amendment
An on -sale restaurant that does not meet these percentages has the burden of
demonstrating that it operates as a restaurant, as that term is defined in the
municiial code. Refusal t 9 11rov1;e 1"w4ji-r, re uestei wAr ftis %iivRectio-T
'ilimill"-tAuji,iW),IIAYrgffMY'ffe,"'Lcc-Lic;L prima i8cic Mu1 1,FIM-ness is not
I,perating as a restaurant.
® No more than two televisions shall be permitted within the building.
® Live entertainment (including amplified music, is jockeys, live music whether
acoustic or amplified, and live performances of all kinds) per Section 17.04.050,
("Entertainment, Live") and customer dancing, are prohibited.
® The provision of alcoholic beverages shall comply with the following:
® All alcoholic beverages shall be served in nondis drinkware.
b. Signs shall be posted in a conspicuous location warning patrons of the illegality
of removing alcoholic beverages from the restaurant, and carrying and
consuming alcoholic beverages in any public place such as the public sidewalk
or beach.
10. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
(A. The business shall prevent loitering, unruliness and boisterous activities of the
patrons outside the business or in the immediate area.
12. 'No Loitering' signs shall be posted in the parking area.
13. The Police Chief may determine that a continuing police problem exists, and in
subject to the review of the Planning Commission, direct the presence of a Poli
Department approved doorman and/or security personnel to eliminate the proble
If the problem persists, the Chief then shall submit a report to the Planni
Commission, which will automatically initiate a review of this Conditional U
Permit by the Commission. 11
® Any changes to the interior or exterior layout which alter the primary function of
the business shall be subject to review and approval by the Planning Commission.
® The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
® To reduce marine debris associated with take-out containers, the establishment
shall not use e® containers with a "No. 6" recycle code.
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Denying CUP Amendment
18. The practice of washing and rinsing restaurant floor mats, equipment, tables,
or discharge of any liquids, other than stormwater, onto the public right -or
into the parking lot drain or stormdrains, is strictly prohibited. Discharge of liquids
or wash water shall be limited to the sanitary sewer.
19. A manager who is aware of the conditions of this Conditional Use Permit shall
on the premises during business hours. The Conditional Use Permit shall1.
maintained on the premise in a location where employees can easily read t
conditions.
20. The restaurant with on -sale alcoholic beverage service may be subject to a periodic
review process established by the City to verify conformance with the conditions of
approval.
21. Exterior and interior water use shall comply with Chapter 8.56.
22. nis approval incorporates all conditions from and supersedes Planning
Commission Resolution 17-17, which hereafter shall be of no further force and
effect and further adds conditions of approval to clarify the intent of the previously
approved conditions, and to help prevent future issues from occurring.
23. The modifications and the operation shall comply with all requirements of thit
Building, Fire and Public Works Departments.
a. The applicant shall submit a plan for occupant load calculation and approval
prior to issuance of the Certificate of Final Occupancy.
24. All employees shall be given a copy of Conditional Use Permit and shall
acknowledge by signature that the Conditional Use Permit has been read and
understood.
® The number of tables and chairs shall not exceed that of the final approved floor
plan.
® Signs shall be posted at the restaurant entries and on the outdoor patios requesting
customers to "Please be courteous to neighbors; including controlling volume of
conversations."
C,7. Food and alcohol sales and consumption must cease and customers shall vacate the
outdoor dining areas at 10:00 p.m. daily.
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Denying CUP Amendment
28. Windows and doors shall remain closed during operating hours before 8:00 a.m.
and past 10:00 p.m. daily.
29. Signs stating "Emergency Exit Only" and panic hardware shall be installed and
maintained at the door along Palm Drive. No ingress/ egress permitted from this
door except for emergency access and handicap accessibility.
30. Any modifications required by the final reviewing body (Planning Commission or
City Council) shall be completed within days of the decision of the final
reviewing body.
31. The project shall maintain in conformance with all other applicable City of
Hermosa Beach and regulatory agency requirements and standards, including but
not limited to: 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).
32. 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 to cease any development or
activity not in full compliance shall be a violation of these conditions.
33. The Planning Commission may review this Conditional Use Permit and may amenm
the subject conditions or impose any new conditions if deemed necessary to mitiga
detrimental effects on the neighorhood resulting from the subject use. Sib
34. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the Planning Commission, 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.
2017 decision as memorialized in Resolution 17-17, i h modifications to provide ad 1 ion
conditions of approval to clarify the intent of the previously approved conditions, is
Categorically Exempt from the California Environmental Quality Act pursuant to CE A
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Denying CUP Amendment
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Section 9. 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 the Community
Development Department their affidavits stating that they are aware of, and agree to accept, all of
the conditions of this permit.
Each of the above conditions is separately enforced, and if one of the conons of approval is
found to be invalid by a court of law, all the other conons shall remain valid and enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void any permit or approval for this project
authorized by the City, including (without limitation) reimbursing the City its actual attorney's
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
:WvXWS1'1 U,
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 parpation shall not relieve
the permittee of any obligation under this condition.
Section 10. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challengv
to the decision of the Planning Commission, after a formal appeal to the City Council, must bq
made within 90 days after the final decision by the City Council.
AYES: 4 ® Commissioners Hoffman, Flaherty, Pedersen and
Chairperson Rice
NOES:
ABSTAIN: 1 — Commissioner Saemann
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Denying CUP Amendment
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 18-17 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California at s regular meeting
of June 25, 2018. ��
wis Rice,
Date
;off
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Denying CUP Amendment