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HomeMy WebLinkAboutPC Resolution 15-20 - (1220 Hermosa Ave. Laurel Tavern)P.C. RESOLUTION 15-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FLOOR PLAN CHANGES AT AN EXISTING BILLIARD HALL WITH FOOD SERVICE AND OUTDOOR DINING TO CONVERT THE BUILDING TO A RESTAURANT WITH ON -SALE GENERAL ALCOHOL AND OUTDOOR DINING (LAUREL TAVERN) AT 1220 HERMOSA AVE, CITY OF HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Michael Leko, 10 Riverside Drive LLC requesting approval of Conditional Use Permit Amendment 15-7 to modify the floor plan at an existing billiard hall with food service, on -sale general alcohol and outdoor dining; and facilitate a change is use to a restaurant with on -sale general alcohol and outdoor dining. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on August 18, 2015 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. Based on the testimony and evidence received, the Planning Commission makes the following factual findings: The site is zoned C-2 Restricted Commercial and is located on Hermosa Avenue within the downtown area. The existing building operates as a billiard hall with food service and on -sale general alcohol until 2:00 a.m. daily and outdoor dining until 10:00 p.m. daily pursuant to Planning Commission Resolution 94-33. A Parking Plan approved by Planning Commission Resolution 93-68 allows for less than required parking. 2. The applicant proposes to eliminate the pool tables and replace with table and booth seating, enlarge the outdoor dining area fronting Hermosa Ave, enlarge the kitchen and back of house area and convert the existing billiard hall into a restaurant. The current occupant load of 157 will not increase as a result of the changes to the floor plan. The parking lot will be altered to include an ADA accessible space and a bike rack capable of storing a minimum of 10 bicycles located at the front of the property. Section 4. The project is categorically exempt from the provisions of the California Environmental Quality Act per CEQA Guidelines, Section 15301(a), Existing Facilities, because the proposal involves interior modifications to an existing building. Section 5. Based on the foregoing factual findings the Planning Commission makes the following findings that the Conditional Use Permit amendment pursuant to H.B.M.C. Section 17.44.020 and incorporation the conditions set forth in Section 17.40.080, finding that the use as conditioned will be compatible with the surroundings and all impacts can be reduced to an insignificant level: A. Distance from existing residential uses: The project is located on Hermosa Avenue, within the commercial center of the City. Surrounding properties exhibit general commercial uses such as retail, services and restaurants while a legal nonconforming residential use is located to the rear of the property along Bayview Drive. The topography of the site — steep slope from east to west —and the design of the building are such that access at the rear is not utilized. Business operations are oriented to the west towards Hermosa Ave and are not anticipated to impact the residences to the rear. Conditions of approval prohibiting entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, to be provided within the outdoor patio and requiring `No Loitering' signs to be posted in the parking lot are included to reduce possible impacts to neighboring residential uses. B. Adequacy of off-street parking facilities and streets, and distance of parking form the proposed use: A parking plan from 1993 allowed for less than required parking at the billiard hall, a total of 10 parking spaces. The proposed improvements include elimination of one parking space due to the creation of an ADA compliant parking space (6 standard spaces, 2 compact spaces, 1 ADA space). The proposed change of use from a billiard hall/bar to a restaurant will decrease the parking demand from a code perspective. Additionally, the increase in the square feet of the back of house and reduction of the square feet of the seating area reduce the likelihood parking demand will be impacted. Furthermore, the project location within the downtown area makes it more likely trips to the business will be part of a multiple -destination trip to the City. Additionally, in order to encourage alternative modes of transportation a bicycle rack capable of storing a minimum of 10 bicycles will be installed at the front of the parking lot. Given the chang in use from a billiard hall/bar to a restaurant, the reduction of seating area and the business location within the downtown area on -site parking will not be impacted. The existing Parking Plan resolution (P.C. Resolution 93-68) will be rescinded and all conditions from the 1993 Parking Plan are incorporated into the resolution. C. Location of and distance to churches, schools, hospitals and public playgrounds: The project site is located on Hermosa Avenue in the downtown core of the City. The proposed modifications involve the conversion of a commercial space to a similar use as the previous use. As such staff does not anticipate impacts to Valley View School, the Community Center, or other parks or similar uses in the City. D. The combination of uses proposed, concentration and number of similar establishments or uses within close proximity to the proposed establishment.- The downtown area contains a high concentration of late -night alcohol serving establishments open after 11:00 p.m. The property currently operates from 8:00 a.m. to 2:00 a.m. daily while the outdoor seating area closes at 10:00 p.m. nightly pursuant to the CUP. The applicant is not requesting to change the operating hours but rather the use from a billiard hall/bar to a restaurant. The proposed 2 modifications to the floor plan facilitate a change in use from a billiard hall to a restaurant, a less intensive use. As such no impacts are anticipated. The City's late -night ordinance in Section 17.40.080(B) provides one method for evaluating whether the proposal would contribute to adverse impacts. While the outdoor dining patio is not proposed to be open after 11:00 p.m., the remainder of the business would continue to be open until 12:00 a.m. daily. Section 17.40.080 provides specific criteria for consideration when determining whether to amend a conditional use permit for a late -night establishment (see Attachment 3): i. Whether the total number of late -night alcohol beverage establishments will exceed the City's limit on such establishment: The proposed project involves an existing late -night alcohol serving establishment. An increase in alcohol serving establishments will not occur. ii. Whether the use will intensify through increases in the assigned occupant load from owner/operator-initiated construction and/or remodeling that expand the square footage or alter the floor plan: The occupant load will not increase. According to a table on Pg. A-2.0 of the submitted plans and a review by the Building & Safety Department, the occupant load is, shown to decrease from the existing 157 to 117. A condition of approval requiring formal analysis of the occupant load by the Building & Safety Department and Fire Department prior to a Certificate of Occupancy being issued has been included in the resolution to ensure the occupant load does not increase. iii. Whether proposed modifications to floor plans, conditions of approval, type of alcoholic beverages served (beer and wine versus full alcohol service), or other factors may increase adverse impacts: The existing on -sale general alcohol service within the building and in the outdoor seating area would remain the same. Hours of operation will be from at 8:00 a.m. to 12:00 p.m. daily on the inside of the building and 8:00 a.m. to 11:00 p.m. daily for the outdoor dining area. No increase in hours is proposed. The proposed floor plan changes will enlarge the kitchen and back of house facilities while also reducing the square feet of the seating area, thereby facilitating the change of use form a billiard hall/bar to a restaurant. No additional square feet is proposed. No impacts are anticipated. iv. Whether the type, quantity, or geographic location of the establishment will create an over -abundance of similar establishments in a particular area of the City such that it will reduce the diversity of businesses operating in the immediate area: The proposed project involves an existing billiard hall/bar with on -sale general alcohol being converted to a restaurant and will not alter existing concentrations of on -sale establishments. E. Precautions taken by the owner or operator of the proposed establishment to assure compatibility of the use with surrounding uses: No special precautions are noted. 3 F. Noise, odor, dust and/or vibration that may be generated by the proposed use: As mentioned under item A, a condition of approval prohibiting televisions and other similar equipment from being located on the outdoor patio and signs posted in the parking lot prohibiting loitering are incorporated. Odor, dust and/or vibration disturbances are not anticipated. G. Impact of the proposed use to the City's infrastructure, and/or service: The proposed project involves conversion of an existing billiard hall/bar to a restaurant. Existing infrastructure and utilities for the site are anticipated to be adequate however, the Building Division indicates the property will be required to show that waste disposal systems are adequate for operation of a bona -fide restaurant. The project has been conditioned to ensure waste disposal facilities are adequate prior to occupancy. H. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole: Preliminary review of plans by the Fire Department and Building Division indicates a new occupant load and exiting plan will need to be submitted. The applicant has been working with the Building Division to meet these requirements and the project has been conditioned to ensure the occupant load does not increase. Section 6. Based on the foregoing, the Planning Commission hereby approves the request for Conditional Use Permit Amendment 15-7 subject to the following Conditions of Approval: 1. The use consisting of a restaurant with on -sale general alcohol and outdoor dining shall be consistent with plans submitted and approved by the Planning Commission on August 18, 2015. 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 of operation for the interior dining areas shall not exceed 8:00 a.m. to 12:00 a.m. daily. 3. The permitted hours of operation for the outdoor dining area shall not exceed 8:00 a.m. to 11:00 p.m. daily after which the area shall be secured and loitering shall not be permitted. a. Entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be prohibited within the outdoor patio 4. A minimum 42" high railing shall be installed and maintained around the outdoor dining area. M 5. The business shall be operated as a bona fide restaurant. The restaurant 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. 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 municipal code. Refusal to provide the information requested under this subsection within sixty (60) days shall be deemed prima facie evidence that the business is not operating as a restaurant. 7. Live entertainment (including amplified music, disc 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. 8. The provision of alcoholic beverages shall comply with the following: a. All alcoholic beverages shall be served in nondisposable drink ware. 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. 9. The proposed modifications and any future owner initiated alterations cannot intensify the use or increase the occupant load. Maximum permissible occupancy must be clearly posted at all times and may not be exceeded at any time. If the Police and/or Fire Department determine that the maximum permissible occupancy of the building is being violated, they may cite the business and initiate a conditional use permit review. 5 10. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 11. 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 may, subject to the review of the Planning Commission, direct the presence of a police approved doorman and/or security personnel to eliminate the problem. If the problem persists the Chief then shall submit a report to the Planning Commission, which will automatically initiate a review of this conditional use permit by the Commission. 14. Any changes to the interior layout which alter the primary function of the business shall be subject to review and approval by the Planning Commission. 15. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 16. To reduce marine debris associated with take-out containers, the establishment shall not use take-out containers with a "No. 6" recycle code. 17. The business shall comply in all other respects with Municipal Code Chapter 8.24 (Noise Control) and noise from the premises shall not constitute a public nuisance. a. Doors and windows on the interior and exterior dining areas including temporary style drop down windows/weather screening on the outdoor dining area must be closed at 10:00 p.m. daily. 18. The practice of washing and rinsing restaurant floor mats, equipment, tables, etc., or discharge of any liquids, other than stormwater, onto the public right -or way, 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 be on the premises during business hours. The conditional use permit shall be maintained on the premise in a location where employees can easily read the 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. 2 21. The parking lot shall provide a minimum of 9 parking spaces at all times. a. The parking lot shall be designed and striped according to the plans submitted to the Planning Commission at the public hearing on August 18, 2015. Minor alterations to the layout that do not affect the number of spaces may be approved by the Community Development Director. b. The parking lot shall be fully available for employee and patron parking during all hours of operation and back of house functions. Employees shall be encouraged to utilize the parking lot. c. Parking shall be free for employees and patrons of the business at all times d. Signs approved by the Community Development Director shall be prominently displayed informing patrons that they may utilize the tandems spaces and the availability of a free valet service. A valet parking attendant shall be present at all times during hours of operation. e. A bicycle rack capable of storing 10 bicycles shall be provided at the front of the site in a visible location and maintained at all times f. A minimum three (3) foot wide strip of landscaping, with a minimum 6 inch curbing shall be provided along the front of the parking lot (except for the entry drive). Landscaping must be non-invasive and an irrigation system shall be provided and shown on construction plans. 22. Exterior and interior water use shall comply with Chapter 8.56. 23. This approval incorporates conditions from and supersedes Planning Commission Resolution 94-33, which hereafter shall be of no further force and effect. 24. The improvements and the operation shall comply with all requirements of the Building, Fire and Public Works Departments. a. The applicant shall submit a plan for occupant load calculation prior to issuance of the Certificate of Final Occupancy. 25. 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). 7 26. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant 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. 27. The Planning Commission may review this Conditional Use Permit 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. 28. 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. 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 grant. The Conditional Use Permit Amendment shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions 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 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 condition. 8 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,Pizer, S aemann,Chmn. Flaherty NOES: None ABSTAIN: None ABSENT: Comm.Hoffman CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 15-20 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 August 18, 2015. .: Michael Flaherty, Chairman �`� August 18, 2015 Date 1 s� Obdfison, Secretary ... E