HomeMy WebLinkAboutPC Resolution 15-03 - (TEXT 14-5 Retail Display)P.C. RESOLUTION NO. 15-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A
TEXT AMENDMENT TO ALLOW OUTDOOR RETAIL SALES/DISPLAY
AREAS ON PIER PLAZA (INCLUDING LORETO PLAZA)
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
SECTION1. Pursuant to direction of the City Council on August 26, 2014, on
November 17, 2014 and January 20, 2015, the Planning Commission held a public hearing to
consider a text amendment (TEXT 14-5) to allow outdoor sales/display areas on Pier Plaza
(including Loreto Plaza), and all testimony, both oral and written, was presented to and
considered by the Commission.
SECTION 2. The proposed text amendment to allow outdoor retail sales/displays in the
public right-of-way on Pier Plaza, without a conditional use permit, is consistent with the City's
General Plan Land Use and Economic Development Elements. The proposal is consistent with
the Land Use Element section, `uses of public rights -of -way for private purposes', which
recognizes the prevalence of unauthorized encroachments that have in some cases persisted for
decades within the rights -of way; noting that while the allowable uses and development vision
for the city is a planning issue for study and recommendation by the Planning Commission,
regulating private encroachments on the ROW is ultimately the implementation responsibility of
the Public Works Department. The proposal is consistent with the sentiment of this section that
issuing encroachments would not lead to a reduction in parking spaces, the use would promote
the commercial districts, potentially increase sales tax revenues as well as collecting
encroachment permit fees and protecting the city from liability claims, and the temporary nature
of the use allows consideration of other future uses. The proposal is further consistent with Goal
1, to evaluate the use of the ROW for future uses. Increasing the visibility and vitality of
commercial establishments through attractive displays will promote enterprises that contribute to
the vitality and diversity of the city's commercial base per Primary Objective 2.2 of the Land
Use Element, as well as supporting visitor serving uses in the Coastal Zone, and supporting a
pedestrian -oriented downtown by getting people out of their cars and walking, consistent with
the Economic Development Element. The temporary and very limited scale of the use and
mitigating standards will reduce any potential impacts of this accessory use to nearby residential
land uses consistent with Land Use Element Primary Objectives 1.2 and 6.1.
SECTION 3. The amendment is exempt from the requirements of the California
Environmental Quality Act under Section 15305(b) issuance of minor encroachment permits and
15061(b)(3) because the proposed project involves temporary retail displays of limited scale,
pursuant to encroachment permits and regulations, that will not alter the sidewalk and must be
removed daily and that preserve the adequacy and safety of the pedestrian way. These
encroachments allow merchandise to be placed within plain view of people walking by so that
they are intended to attract and serve customers that are already in the vicinity and passing by an
establishment. The number of tenant spaces and in particular retail spaces on Pier Plaza are
limited, the encroachments will be located on the existing paved right-of-way, they will not
increase land use intensity, and will not otherwise affect the physical environment, surrounding
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uses, air, water, traffic, circulation, access, noise, lighting, services or infrastructure, or other
elements due to limited physical space in which they may be located and comprehensive
development standards controlling design and operation, and such permits are immediately
revocable should any problems result. Therefore no impacts to the environment will result.
SECTION 4. The Planning Commission of the City of Hermosa Beach hereby
recommends City Council approval of an ordinance to allow retail sales/display areas in the
public right-of-way on Pier Plaza (including Loreto Plaza) as follows:
A. Section 12.16.100 of Chapter 12.16 of the Hermosa Beach Municipal Code is
amended to read as follows:
12.16.100 Reserved Commercial encroachments —Retail display areas.
Use of the Pier Plaza .(including Loreto Plazapublic riahtwofITway for commercialoutdoor
i_et�irl drslja x1 c s inay be lacrr�nitted subject ,to issuamriee... o an erteroachnierrt_ perr it in
e�nr �sliarice wit.�li this ��,"ha tear and stab ect to the Folk)"Ong condifigiis.
A, (Jetieral Provi ions I„very etic.ro c,bmerrtnermit for coniniercial outdoor retail
display areas shall ensure the following:
1. Provides forandmaintains an Mrre-rr for passage -cif pedestrian traffic;
2. Does not inconvenience pedestrian traffic;
3. Conforms to all applicable health codes and this code;
4 Applicant to pay all aprcapriate fees including but not limmr.ted to rental fees;
pp i _ p times a p y y nstrrance namrng
A licant to maintain and lc�ee. in force at all tm'mes a olr.c of liabr]>t mmr _ _ .
the city as an additional insuredinthe amount of one million dollars ($1,000,000.00); and
66Anplicant to Da %restorative costs,_ifmapplicable, in an amount to be determined by the,
director of public works, plus administrative costs.
B. Retail Uses The encroachment area shall be managed, operated, andmmaintained as
an integral part of the adjacent retail establishment,.
I. For miryoses of this sec�taon retard cstabl shn�er�rtt aencrally Means a commercial
establishment that sells or offers a product available on -site intheadjacent retail
establislinrent... he followinglyjptgs of brwrsrnesses are riot elliigible I'm encronc�liment.
permits:
a. Businesses scrch as Droery, �c)ri4C r7ieli4 r6r � ;tom n�� li tit)r storC �n,,t4?bckcil/rC1d7kL
shops, second hand stores, or adult businesses as defined in Section 17.04.060.w
b.. Businesses mmwhere mmretail m-sales are secorrdar to tbemprinnary service function such as
eatr silt r s, pc crr t:l servrc �,, or rc irwr lr rsiir Ss , a �e not elri ible l-
l _ .., .
c rrcroachrrrent permits, Rental of b acti/visitor° scrying ecLtfIL - bicycles,,
s awbo s or s rn lar cc�tri rrr r�tw is i oi�sidered a retail .e arid .. , , .V.ndise may
sl�atcl�oGtrci, � trsc �rr�rd such nrcrcl�rtrr�cdrs.�._....�
be displayed witl n tlrc cricroacligignt area.
c. Third oar•t vendors, coliccssmions, seasonal car zather r�rr_oti olers, solicitors,_or n ollrer°
t°rtrsirie!s, .rodLICt or service DI.Ornoted or ofIerc.d b an errtit.� c�r�airtt otlrcr tl�ar� the
business owner to whom the encroaci n e it hermit was issuedare-notpermitted
within the encroachment area.
2, In addit%il, the Imollo,,vili iteins or tyALes of activities are ncitAii,i tI ttcd within ttIc
encroachment area:
a. Food or beveragLs of any a�jgi ed or int,
I type, whether--nLg_- p.q -g— —
b, Alcoholic beverages or tobacco or splokini, products or parapliernaliaof atiy-jy pq-
c. I lazardous, or controlled stibstarices or oods, or,gjq�js or services that can.not be sold
to minors with or without parental permission.
d. Adult paraphernalia of any kind.
e. LjLsj?jav ol in ("ortriatioti or sta rs,,qbOLIt a prodict or allowed; _:iqftigE,
ervice is not
LI!pduct's available tbr.sale CoK_Kq !IJC, at the business pygy lac d splaLed.
f. Products or services shall not be demonstrated within the encroachment area.
C. Design and,-Qpqadoiqal Standards andwwLrmitat ons. lJrat r arrcl rn rats for commercial
outdoor retail display areas shall comply with Section 12.16.06Q...qnd tjLq, following, .design -and
operational standards and limitations:
I l'ilcroachnient arcas shall be available for arid located adjacent to gpogpd..floor retail
businesses. The encroachment area on Pier Plaza shall not exceed thirteen fU3 feet in
cLM,111, The eticroachment area oti Loreto Plaza shall not exceed fivewww (5) feet ii,i depth,
The encr ' oa,c ' ' ment area shall not exceed the width of the tenq�nj_,sq ace frontage, The
encroachment area for any tenant space fronting Pier Plaza is restricted to the Pier Plaza
frontage only.
2. Barriers around encroachment areas on Pier Plaza with a maximum height of 42 inches
shall be cL ided that barriers shall tLot Ijq,- �irgvidcd or allowed oil L,oreto
Plaza. Each perimeter barrier shall use the same desigil.. d i e i s on all sides.
q� I lat r a[
Barriers shall be attractive. with a quality apLx�arayic made of new materials such as
wood and wrou t iron. Barriers shall be qfA
&h - - -.-A --- I- desjgqjhqtA1Io.ws for Visibilit
of trierctiandisc through the barrier. Chaig-link 1jencina Or other low qj,,!,jjJjy inaterials are
no — — disc;
ermitted. The elevation of the encroachinetit, area shall not be altered. No
modification to the surface of the right-of-way, such as resurfacing, texturing or borings,
shall be made.
3. A, may extend over the entire depth aximum thirteen (l3)feet on Pier Plaza and
five (5) feet on Loreto Plaza) and width of the encroachment area, Awnings must be
retracted to cover not tyiore. than 6 aW pereciit .,the encroacbmerit, arca �,l . th when
,gp--
the business is closed -o ' r th e encroachment area is not in use. No portion of an awning
shall be less tha eight.._. (jget ibo,,�� is a c l...St.IrtacC, A b, uildigg pering ingg-be
t fib._ a&IcLd iinns shall riot, rovid d shall
p to installation of an aw1ILtI&-.A�Y! e sj 11a
be maintained in good repair at all times,
4. Use of the encroachment area shall be limited to the hours of O'Deration of the adiacent
retail establishment, not to exceed 7:00 a.m. to 11:00 12.m.
5. Ot,itdoor retail displsi Ili s �t !- hjI),,s placed within the encroachment prea shall be desigi�d
_y..5
and limited as follows:
a. Tables or racks to display goods offered for sale may _kq_placed in the encroachment
area. Other Furilishings such as urnbrellas, shade cario ie s. light stainl,
planters ca'
si.iis are not allowed. AlLftirriishiiw, within each individual encroachinctit area shall
be of' upiforin de j_gp S _qq�ljpateriak All CUrriishiggs shqll bg_r l w titrwd construction
and maintaige d J n.good conditioii at all tin-ies. Plastic rnerchandise.display Irmrmarsiamtns,,,5
gg..Lipt,pernijued unless of eUaljty iron-alastic aW)xaratjgc-
b. Tables, racks or dIspjLtyjgqiJs.h s, and merchandise, shall not exceed 11 ve (5) Feet i i�i
1 Racks or shelf gnits indiyidtially -to-crid or in afLy_c)pfjgtjr�,jtLqp
_qr.placed ciid
shall not exceed six (6) feet in length.
c. Merchajidi se/dislilays shall ecotairied nd ad tel dso that they —
o not
become Nvir�dboqjsL, mill, 4th-or safety,
j�nqatc litter or brcakag���
impact.
d. All merchandise within the cncrqaehnjent arcjnqII!Llin ,tiny aqqqhed to the bgildlira
must he removed daily w en the business is closed.
e. ATM machines,food service units, hines,,p s or stands from which
to conduct saics, all similar funiislihigs are not pig Ited withip the encroachnient
area.
No entertaiiiinetit, rngsi,c,,ldio spet(ers Mia ofany
_I�Jgvisions or yistia[ nic
wlictlieraniplified or unanij)[ified, shall be located within the gicroachinept area.
6. The layout of the encroachment area shall not impede ingresswor res., and shall be fully
accessible o the physically ddisablecla. ret, gired by the Cali foraia Bgilding_(-'odcji tie
24 Disabled Access Standards, any other requirements of law, and the City Fire Chief.
7. A clear. -continuous pedestrLqn-pqth not less thajL&g..f)Jeet in width or more as deemed
�12jjrqpri,qte by the Director of 11tiblic, Works for..,edestrian circglatioji outside of' the
eticroachinciit ' a ' r " ea) " siaj " I """ be inaintained at all tinies, As-.uscd . herein, pedestEjAq--Wth
means a corititiuous obstructi on- free sidewalk area between the outside boundary of the
cricroachniew and ariv obstrgctjojjs, rr cIgding bUt not litpited to street
utility poles and street furniture.
8. All outdoor retail digitqys agd allowedtobj ts shall be nigintaiged free of..gj�12q.
conditions that_jjqse a hazard to prdlastrmrans or vehicles, and etisure yr ji �Ijini �)airedq
pedestrians._..pendage shall extend outside the
. can detect he objects safely. No qp
encroachment arca, No sommmstgrlrrsap4�gWanythhia within or i1car
, the encroachment area that could pose a tripping hazard or interfere with accessibility.
9. The encroachment area shall be maintained in a neat and clean manner, free of litter and
trines. The business shall.activel gionitor the urea and jj!:onir)tiv remove
litter and other trash.
10. Surfaces in and around the encroachment area shall be swept during the business dgy as
needed and at w the end of each business day. Cleaning shal I comply.... with good
11OULSekeeping- best ... jgq,qnaoen,ieiit practices...a.. �)roved by the Director of' ogles s itsaccordarice witl-i (.1tapters 8.44 aiid, 8.56. Under no circutustaiices shall debris or rtinoff
bes W _Aq,,hed or blown into the sidewalk, & Litter., star drains owl_stree.l.
. . . . . . . . . . .
11. The Di reeto r fattiblic, Woi:hs play issge the elicroachnielit icrinit.ont fter �&,Lgrpl, _1 !I` ing
that the request complies with the standards and provisions of this section. any other
requirenients goplicable to the Lise set forth hi t'he Mtinicip, 1..QcL)de., and as s,fotlows:
a. Information on the proposed retail uses and conduct of the use, the types of products
tpm be djVIa, d with encroachment area, a dimensioned.. 11 oor plan that clearly
ye within
�lcsigltiates where cacti nieITITrchandisc disp-t,-
jy-vLill be located, Mandl the design !)f txarri rs
IT
awning and types of furnishings within the encroachment area shall be submitted with
the encroachi-netit pergiit application. (Ijanges to dje retaJ_I,......usetIqp_ tan,
111 --, 1- i is -I 1 -Wr 1 ta.rrrmrcrs arid awnitIgsjijust be sulk initted and ,approved in advaticc.
Deviation from he app result in revocationmmm of the encroachment
permit.
b. Use of the eiicroachnient area shall not adversely affeq, the Marcwelfof the nearby
residents or commercial establishments.
c. The type of retail uses that are allowed within the encroachment areas, the final
location and cony the encroac mer t Gant and the barriers, awnings and
r plrrtrtro�� crl`�_...�
display furnishings within the encroachmentm area shall be subject to approval by the
Director of Public " 'orbs, q:l'ter olatnlnhaw.l ,written concurrence ot. [he C'onamunity
Qey_ �_ 1 __....._. rmining that t!.1.... rqtrest corrtlrlies with lite
l�evclo anac=nt, l:te ��trAtrrrcrrt�„ �rrrcl deter
strrrclarcls rr.rrcl prc�vwN t� r tt flare ecC rrr llr l 1r yITcttlaerm r�Literi�.�mrts aL) licablewwi (lie
_..�tsc set wltartJ in the Municinal Code. l'hmme Director of l...tiblic Works _a.a..rY
attach
conditions to ensure the use and its mdesim conform to these standards and mitigate
mmmm�
frrllalt 11 tr tl saf ty eess �rnd col�venicnce inrT�r�rgL� gtr r,rc to tlac. sl��crl c location.
d. An encroachment pennit gKmjttmcrl_pursoant to this section sluill., rcelude issltance of
any additional encroachment permit pursuanttoSection 12 16w.090.
e. IliIlie encroachment tac t lut shall be valid for one vear:rnrl njg_y )e animall rcrr wc: l
encroachment ner ,S.t ...__te a vested
f. The encroam ......_m__ 1 nait is issued to the business owner, <lc�cs not crea.....__�.mm.�
right. -And shall be revocable k the mm .Lty.�t an tire. wtmtljout a showing; of cause or
prior, notice by the CitesUppij inding; of noncornDliance with -arty condition of
7rarrtrn an cr cra,trrclrr ucrrt aettrrit fat° tr ron revocation ofan encroachment tacrt!!itjIIe
�. _ ' ' .._ ..... 1 l not:
�rrcrcaaelarrlcrat prwrITrr�trt �;�aall not be ret7c�r�,cl_mtr.rrcl tr new t�r�crca�rclararetat �r<.,rn�rt sl�tt��.........-.
b , ate¢ml lartper•iod. o1 t. n c�rr°,
g,. l.!pctrj tcnmination of the encroachment pennit., tlre.pnaittea shallmm ernoye the barrier;,
Lejurn, the pavement to ilt 96ginal conclitirrn Lind remove all ReIsonal property nd
fOr°nishings_lrc rn-the rig1°rl-o -Nm.
12. Deviations from the standards set lbrAth in this section may be allowed t?rmtr,..sr�antt to a
conditional use permit granted in compliance with Chapter 17.40.
B. The following use is added to the alphabetical table of uses in Section 17.26.030 of
Chapter 17.26 of the Hermosa Beach Municipal Code as follows:
USES ..... .... .......m. C1 C2 C3
_ See Section
Outdoor retail sales/display areas (accessory to P 17.26.050.B.7
. .
w
establishment onPierAvenue public right-of-way 12.16.100
(includes Loreto Plaza)
C. Subsection 7 of Section B of Section 17.26.050 of Chapter 17.26 of the Hermosa
Beach Municipal Code is added to read as follows:
B 7.wOu
tdoor retail sales/displays located aji,, (ent to a retail mmestablislrrirrc,tlt, aLit,tr:oriI-ed by
Encroachmentm Permit for use of the public riizht-of-way obtained pursuantto Section 12w 16,._100
of them -Munici)al Code. Deviation from the standardsw in Section 12 16.100 may be mmallowed
ljq[,5u,ant to a conditional rase permrpit, mmmlmssuc.d in compliance e with Chapterz_17,40,
SECTION WW5. The Planning Commission further recommends to the City Council that
rents for retail sales/display areas on Pier Plaza be the minimal amount allowed by law, similar
to or less than $1.00 per square foot commensurate with snack shops on Pier Plaza, and that rents
be waived for the first year following adoption of the ordinance to promote and facilitate retail
establishments consistent with the strategy and public benefits cited in the Downtown Core
Revitalization Strategy that will accrue from improving the Plaza design and operations to be
5
more family -friendly and inclusive of all segments of the community. The Strategy emphasizes a
sociable, publicly -spirited and economically viable Downtown District that appeals to residents
and visitors alike, and celebrates our eclectic beach character. If managed in a way that reduces
the potential for a cluttered look, encroachment areas in front of retail businesses on Pier Plaza
can create vibrancy, appeal to diverse ages and, draw people on the plaza to the businesses.
Entering into a `public/private partnership' by renting space on the Plaza facilitates the success
of retail businesses on the Plaza and helps to maintain the economic diversity that is desired.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms. Allen, Hoffman, Perrotti, Chmn. Flaherty
Comm. Pizer
None
None
CERTIFICATION
I hereby certify that the foregoing P.C. Resolution 15-3 is a true and co nl,Ilete record of the
action taken by the Planning Commission of the City of Hermosa Leach, Cali66rtiia, at its
regular meeting of Janu at°y 20, 2015.
Mm _. ^-
'
Chairman lcn liibrC�a°�1a, w"ccrctai-y
Michael Flaherty
January 20 2015 „
Date
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