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HomeMy WebLinkAboutPC Resolution 15-16 - (53-57 Pier Avenue)P.C. RESOLUTION 15-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ADDRESS PARKING REQUIREMENTS FOR SEVERAL CHANGES TO THE BUILDING AT 53-57 PIER AVENUE: TO CLASSIFY A NEW FOOD ESTABLISHMENT AS A `SNACK SHOP' (FOR THE RELOCATION OF CAFE BONAPARTE INTO THE FORMER FROYO YOGURT LOCATION) FOR THE PURPOSE OF CALCULATING PARKING REQUIREMENTS; TO ADD OUTDOOR SEATING FOR THE SAID USE ON PIER PLAZA; TO CONVERT APPROXIMATELY 250 SQUARE FEET TO STORAGE ON THE GROUND FLOOR TO BE CONNECTED TO THE RESTAURANT ON THE SECOND FLOOR (CURRENTLY FAT FACE FENNER'S FISH SHACK) AND EXCLUDE THIS FROM REQUIRED PARKING; AND TO RE-ESTABLISH OUTDOOR SEATING IN LORETO PLAZA IN CONJUNCTION WITH A FUTURE RESTAURANT USE (FORMERLY PARADISE SUSHI) AND TO PAY FEES IN -LIEU OF PROVIDING PARKING ON SITE, AT 53-57 PIER AVENUE, LEGALLY DESCRIBED AS ASSESSOR PARCEL NUMBER 4183-002-021. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Greg Newman of Baja Sharkeez Restaurant Group, seeking approval for a Parking Plan to classify a cafe ("Cafe Bonaparte) as a `snack shop' for purpose of calculating parking requirements; allow an outdoor dining patio on Pier Plaza in conjunction with the proposed caf6; conversion of 250 square feet to storage on the ground floor to be connected with the second floor restaurant and to exclude this square footage from required parking; and to re-establish outdoor dining in Loreto Plaza in conjunction with a future restaurant use and to pay fees in -lieu of providing required parking onsite at a two-story building at 53-57 Pier Avenue. Section 2. The Planning Commission conducted a duly noticed public hearing to consider Parking Plan 15-4 on May 19, 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 make the following changes to the ground floor building and uses at 53-57 Pier Avenue: 1) to classify a new food establishment as a `snack shop' and to add outdoor seating on Pier Plaza (Cafe Bonaparte — formerly Froyo Life); 2) to re- establish outdoor seating in Loreto Plaza in conjunction with a new restaurant (formerly paradise sushi); 3) to convert ground floor area to storage to serve the upstairs restaurant The subject site is zoned C-2, Restricted Commercial. 1 2. The proposed cafe will offer coffee, sandwiches, salads, and baked goods and other hot and cold beverages. Submitted floor plans indicate that the establishment will have 24 seats. Customers will queue for food service and consume purchases on and off the premises. 3. The applicant requests to classify an cafe 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. 4. The applicant requests to convert 250 square feet of space to storage for the restaurant on the second level and exclude the storage area from parking calculations for the restaurant. 5. The applicant also requests to construct an outdoor dining area equivalent in size to the converted storage space for the second level restaurant in front of the ground level tenant space fronting Pier Plaza while excluding a pedestrian pathway from parking requirements. 6. The applicant requests to construct re-establish outdoor dining area adjacent to the tenant space formerly occupied by Paradise Sushi. 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 cafe will occupy a 1,048 square foot space consisting of 765 square feet of back of house operations and a 283 square foot seating area with eight (8) seats. In addition, an outdoor dining area in front of the tenant space is proposed to have 16 seats. The menu will consist of coffee, sandwiches, salads, and baked goods. Cooking equipment will include a stovetop and an oven. Although it has been common for snack shops to exclude cooking equipment such as an oven previous snack shop approvals with allowance of ovens (Subway) have shown that allowance of an oven does not always mean the business is a restaurant. In addition, the applicant is proposing to relocate the business from another location on Pier Plaza and has shown that the current operation is similar to other approved snacks shops (Subway and Gun Tree Cafe). The proposed cafe 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 greater than 25, has a limited menu excluding alcoholic beverages, will not offer sit-down table service. 2. Pursuant to H.B.M.C. Section 17.44.210, the proposed use will not intensify parking demand in comparison to the previous snack shop 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. 2 Section 5. Based on the foregoing, the Planning Commission makes the following findings that the proposed storage area shall be excluded from parking calculations: 1. The applicant proposes to convert 250 square feet of space to storage for use by the second floor restaurant. The applicant is requesting consideration that the storage area be excluded from the parking calculation because the proposed storage area will not be used for seating or increase the occupant load of the restaurant. 2. Pursuant to the definition of "gross floor area" as defined in Section 17.441 areas excluded from calculation of gross floor area include inner open courts, corridors, open balconies, and open stairways. 3. The storage area is located on the ground level and is accessed by the staircase entrance to the second level restaurant. Access from the proposed ground level tenant space facing Pier Plaza is eliminated. The restaurant is located on the second level and intends to use the space for storage while the applicant has stated that the adjacent restaurant use (formerly Paradise Sushi) may use the space for storage as well. The applicants request to exclude the storage area form parking calculations is reasonable since the space is on the ground floor and does not facilitate a change in seating capacity or occupant load. Section 6. Based on the foregoing, the Planning Commission makes the following findings that the proposed outdoor dining area in front of the ground level tenant space fronting Pier Plaza shall not trigger additional parking: 1. The applicant proposes to convert 250 square feet of space to storage for the second level restaurant use and construct an outdoor dining area on Pier Plaza in front of the ground level tenant space fronting Pier Plaza. 2. Pursuant to Resolution 05-6417 which outlines development standards for outdoor dining on Pier Plaza an outdoor dining area may exclude any pedestrian paths or other areas which cannot be occupied and will not generate parking needs. Therefore, the proposed patio may exclude the pedestrian walkway from parking calculations 3. The elimination of 250 square feet from the storage area conversion will offset the square feet addition of the outdoor dining area thereby no additional parking is required. The submitted plans indicated there is a difference in square feet for the converted storage area and the proposed outdoor dining area. The project is conditioned to ensure the outdoor dining area and the storage area are equivalent in size and if any difference in square footage occurs than the applicant will be required to pay a fee in -lieu of providing ,required parking. Section 7. Based on the foregoing, the Planning Commission makes the following 1 "Gross floor area" means the total area occupied by a building or structure, excepting therefrom only the area of any inner open courts, corridors, open balconies (except when utilized, e.g., restaurant seating or similar usage), and open stairways. Such total area shall be calculated by measuring along the outside dimensions of the exterior surfaces of such building or structure. 3 findings that the proposed outdoor dining area on Loreto Plaza, in conjunction with a future restaurant use (formerly Paradise Sushi) may exclude required pedestrian paths from parking calculations and is subject to payment of fees in -lieu of providing required parking: 1. The applicant seeks to construct a 250 square foot outdoor dining area adjacent to the tenant space formerly occupied by Paradise Sushi. Submitted plans indicate the outdoor patio will contain 14 seats. 2. A previous outdoor dining area was granted an encroachment permit through the Public Works Department in 2007 however, proper approval through the Community Development Department and Coastal Commission was never obtained. 3. The existing restaurant is nonconforming to parking requirements. Under Section 17.44.040(D), "[fJor expansions to existing buildings legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion. " 4. The 250 square foot outdoor patio would require thee (3) parking spaces. Most outdoor patios on Pier Plaza in conjunction with restaurants were allowed without provision of on -site parking under a master parking plan approved by City Council Resolution No. 97- 5857. This resolution allowed the calculation of square footage of the outdoor dining areas on Pier Plaza to exclude entrance aisles and other areas not usable for seating purposes. In addition, Resolution 05-6417 provides the development standards and guidelines for outdoor dining and requires a pedestrian path that cannot be occupied and will not generate parking needs The applicant requests to exclude a 65 square foot pedestrian path and reduce the square footage of the outdoor dining area from 250 to 185 square feet, thereby reducing the required parking spaces from three (3) to two (2). 5. The proposed exclusion of a pedestrian path is consistent with previous outdoor dining areas on Lower Pier Avenue; as such the proposed outdoor dining area may exclude the pedestrian paths in parking calculations. 6. The applicant is unable to provide additional parking onsite. Pursuant to Section 17.44.210 an applicant may pay fees in -lieu of required parking when located in a vehicle parking district. Given the location of the outdoor dining area within the downtown area and the applicant's inability to provide parking onsite the construction of an outdoor dining area shall be subject to payment of fees in -lieu of required parking. Section 8. 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, does not involve an intensification of use, and all necessary public service, access and facilities are available. 4 Section 9. Based on the foregoing, the Planning Commission makes the following findings that the cumulative changes to the building will be adequately parked: 1. The cumulative changes to the building will be adequately parked because the outdoor dining area in conjunction with the cafd is offset by the loss of square footage from the converted storage space; the converted storage space to be used by the second floor restaurant will not facilitate an increase in seating capacity or occupancy; the outdoor dining area on Loreto Plaza in conjunction with the future restaurant use will provide fees in -lieu of required parking; and the project is located within the pedestrian oriented downtown where visits are typically multi -destination and ample metered parking is available. Section 10. Based on the foregoing, the Planning Commission hereby approves Parking Plan 15-4, to classify a cafd ("Cafe Bonaparte) as a `snack shop' for purpose of calculating parking requirements; allow an outdoor dining patio on Pier Plaza in conjunction with the proposed cafd; conversion of 250 square feet to storage on the ground floor to be connected with the second floor restaurant and to exclude this square footage from required parking; and to re- establish outdoor dining in Loreto Plaza in conjunction with a future restaurant use and to pay fees in -lieu of providing required parking onsite at a two-story building at 53-57 Pier Avenue, 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 May 19, 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 proposed use in the ground level tenant space fronting Pier Plaza (53 Pier Avenue, formerly Froyo Life) 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 and no service of alcoholic beverages. 3. The total square feet of space converted for storage on the ground floor tenant space fronting Pier Plaza (53 Pier Avenue, formerly Froyo Life) shall be equivalent in square feet to the proposed outdoor dining area in conjunction with the snack shop. Pursuant to Resolution 05-6417 the calculation of square feet may exclude pedestrian paths. 4. The applicant shall obtain and maintain compliance with an encroachment permit issued by the Department to Public Works for outdoor dining for both outdoor dining areas granted by this permit in compliance with Municipal Code Chapter 12.16. 5. No entertainment, speakers, or televisions are allowed on the outdoor dining areas. 6. In order to compensate for a lack of required parking on -site due to the outdoor dining area expansion on Loreto Plaza in conjunction with a future restaurant use 5 (53 Pier Avenue, formerly Paradise Sushi), the applicant shall contribute fees to the City's parking improvement fund in -lieu of providing the two (2) parking spaces, as set forth in Section 17.44.040(E) of the Zoning Ordinance, at the amount of $28,900 per space as set forth by resolution of the City Council. The payment of fees in -lieu of required parking shall be made prior to final sign off of applicable building permits. 7. The applicant shall record on the property, in a form acceptable to the City Attorney, a covenant restricting the use of the 250 square feet converted storage space to storage for the restaurant on the second floor and the restaurant on the ground floor fronting Loreto Plaza, and acknowledging that access from the storage area to the front space/snack shop at 53 Pier Avenue, is prohibited. 8. An approved Coastal Development Permit issued by the California Coastal Commission shall be filed with the City prior to commencement of any work. The project and its operation shall comply with all Coastal Commission requirements, including but not limited to submittal of the Coastal Development Permit issued by the California Coastal Commission for development prior to issuance of construction permits. 9. 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. 10. 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. 11. The Planning Commission may review this Parking Plan and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 12. 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 sixty (60) days prior to the expiration date. No additional notice of expiration will be provided. Section 11. 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. C. 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 12. 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: Comm. Allen,Hoffman,Perrotti,Pizer, Chmn. Flaherty NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 15-16 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 May 19, 2015. Michael Flaherty, Chairman 19.2015 Date 0 Keii Robe"Nsoy , Secretary