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Home My WebLink AboutPC Resolution 15-11 - (1309 Hermosa, Paradis)P.C. RESOLUTION 15-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO CLASSIFY AN ICE CREAM SHOP ("PARADIS") AS A SNACK SHOP FOR PURPOSE OF CALCULATING PARKING REQUIREMENTS, AT 1309 HERMOSA AVENUE, LEGALLY DESCRIBED AS A PORTION OF LOT 29, BLOCK 14, HERMOSA BEACH TRACT, CITY OF HERMOSA BEACH, CALIFORNIA The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Lars Hartmann of Basserne, LLC, seeking approval for a Parking Plan to classify an ice cream shop ("Paradis") as a `snack shop' for purpose of calculating parking requirements at 1309 Hermosa Avenue. Section 2. The Planning Commission conducted a duly noticed public hearing to consider Parking Plan 15-2 on April 21, 2015, at which time the Staff Report and testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. Based on the Staff Report, testimony and evidence received, the Planning Commission makes the following factual findings: 1. The applicant proposes to occupy an existing retail space of 585 square feet within a multi -tenant building. The subject site is zoned C-2, Restricted Commercial, which allows snack shops by right. 2. The proposed ice cream shop will offer ice cream, sundaes, milkshakes and other hot and cold beverages. Cooking appliances will be limited. Submitted floor plans indicate that the establishment will have no seating area. Customers will queue for food service and consume purchases off the premises. 3. The applicant requests to classify an ice cream shop as a `snack shop,' which allows consideration of the parking standard for retail uses pursuant to Section 17.04.050, thereby requiring no additional parking, rather than as a restaurant use which per Section 17.44.040(B) would require 6 spaces. Section 4. Based on the foregoing, the Planning Commission makes the following findings that the proposed use is a snack shop and will not intensify parking demand: 1. The proposed ice cream shop is consistent with the definition of a `snack shop' per H.B.M.C. Section 17.04.050 because the establishment will not have seating but instead provides a customer queuing area and a counter for ordering, has a limited menu excluding alcoholic beverages, will not offer sit-down table service, and will not have a kitchen capable of serving meals as evidenced by the lack of cooking facilities. 1 2. Pursuant to H.B.M.C. Section 17.44.210, the proposed use will not intensify parking demand in comparison to the previous retail establishment. The use will mainly attract walk-in customers who are already in Hermosa's beach, bicycle and pedestrian oriented downtown, rather than creating new vehicle trips as the driver's sole destination. 3. Pursuant to H.B.M.C. Section 17.44.030(0), the retail parking standard (one space per 250 square feet of gross floor area) is therefore appropriately applied to the proposed use. Section 5. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15303, Class 3, New Construction or Conversion of Small Structures as the infill project is located in an urbanized area, involves no expansion of floor area or intensification of use, and all necessary public service, access and facilities are available. Section 6. Based on the foregoing, the Planning Commission hereby approves Parking Plan 15-2, subject to the following Conditions of Approval: 1. The use shall be substantially consistent with the applicant's submittal reviewed and approved by the Planning Commission on April 21, 2015 except as provided by this permit. Minor modifications that do not increase the use or create parking demand may be approved by the Community Development Director. 2. The use shall comply with the requirements of a snack shop as defined in the Hermosa Beach Municipal Code Section 17.04.050, including limited food service of snacks, no more than 25 seats, no waiter/waitress table service except queuing, shall not serve full meals or have a kitchen capable of serving meals, no commercial range hoods and/or equipment requiring a Type 1 range hood (microwave and warming ovens may be used), and no service of alcoholic beverages. 3. The project shall comply with the requirements of the Building, Fire and Public Works Departments, and the Los Angeles County Health Dept. Operation of the business shall comply with all applicable requirements of the Municipal Code. 4. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance 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. 5. Approval of this permit shall expire twelve (12) 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 sixty (60) days prior to the expiration date. No additional notice of expiration will be provided. 2 Section 7. This grant 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 Parking Plan. The Parking Plan shall be recorded and proof of recordation shall be submitted to the Community Development Department prior to commencement of operation or issuance of Building Permit Certificate of Occupancy. Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a court of law, all other conditions shall remain valid and enforceable. The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this Conditional Use Permit. The City shall promptly notify the Permittee of any claim, action or proceeding and the City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of any claim, action or proceeding, or the City fails to cooperate fully in the defense, the Permittee shall not thereafter be responsible to defend, indemnify or hold harmless the City. The Permittee shall reimburse the City for any court and attorney's fees that 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 Permit. Section 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: Comms.Allen,Hoffman,Perrotti,Pizer,Chmn.Flaherty NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 15-11 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 o April 015. � _. . _ Michael FlahertChairman y, 1 Rob tiecretary April„„2„1,m2015 w......._........�._ Date