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HomeMy WebLinkAboutPC Resolution 15-21 - (1342 Hermosa Ave, Brat and Brau)P.C. RESOLUTION 15-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN AND CONDITIONAL USE PERMIT TO ADD 246 SQUARE FEET OF STORAGE AREA TO AN EXISTING RESTAURANT AND EXCLUDE SAID STORAGE AREA FROM PARKING CALCULATIONS; AND TO ALLOW FOR ON -SALE BEER AND WINE SERVICE AND CONSUMPTION UNTIL 10:00 P.M. DAILY WHILE ALLOWING FOOD SERVICE UNTIL 11:00 P.M. DAILY IN CONNECTION WITH A PROPOSED NEW RESTAURANT (BRAT & BRAU) AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AT 1342 HERMOSA AVENUE; LEGALLY DESCRIBED AS LOTS 10, 11 & 12, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH, 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 Bjoern Risse, of Brat & Brau, LLC, seeking approval for a Parking Plan and Conditional Use Permit to approve the addition of 246 square feet of storage space to an existing 1,023 square foot suite through expanding into the existing rear storage room and to exclude this square footage from required parking while extending the hours for on -sale beer and wine service and consumption until 11:00 P.M. daily in connection with the new restaurant (Brat & Brau) at a two-story building at 1342 Hermosa Avenue. Section 2. The Planning Commission conducted a duly noticed public hearing to consider Parking Plan 15-5 and Conditional Use Permit 15-8 on August 18, 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 site is zoned C-2 Restricted Commercial which aims to provide opportunities for a limited range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown -- a resident and visitor serving pedestrian - oriented shopping/ entertainment district. 2. A 246 square feet of storage space is proposed to be added on the ground floor to the existing 1,023 square foot tenant space to serve the new restaurant (Brat & Brau) as well as a request to exclude the said storage area from parking calculations for the business located at 1342 Hermosa Avenue. 1 3. The applicant proposes to allow for on -sale beer and wine service and consumption until 11:00 P.M. daily in connection with the proposed restaurant. Section 4. Based on the foregoing, the Planning Commission makes the following findings that the proposed storage area associated with Parking Plan 15-5 shall be excluded from parking calculations: 1. 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. The storage area is located on the ground level adjacent to the subject tenant space with exclusive access from Brat & Brau to the storage area. 3. The applicant's request to exclude the storage area from parking calculations is reasonable since the space is on the ground floor and does not facilitate a change in seating capacity or occupant load. The restaurant intends to use the space for storing kegs and refrigeration. 4. The building is located on terrain sloping downward to the west. The sloping topography makes approximately half of the ground floor level below grade, where the additional storage space is proposed. Currently there are no existing exterior windows within the storage area. The room has low 7 foot tall ceilings and is accessed from the alley to the east. The additional 246 square foot space shall be designated for use by Brat & Brau. The 246 square foot storage space will be exclusively accessed from the Brat & Brau restaurant while the remaining 281 square foot storage space will maintain access from the alley to the east of the building. In addition, the storage space does not facilitate an occupant load beyond the allowable 49 persons and will not allow for additional seating. Section 5. Based on the foregoing, the Planning Commission makes the following findings for a Conditional Use Permit requesting for on -sale beer and wine service, pursuant to H.B.M.C. Section 17.40.020, and incorporating the conditions set forth in Section 17.40.080, will be compatible with the surroundings and all impacts can be reduced to an insignificant level: A. Distance from existing residential uses: The project site is located on Hermosa Avenue in the C-2 Restricted Commercial zone. An R-3 Multiple Family Residential zone is located to the north of the subject site consisting of multi -family residences. Plans submitted to the Community Development Department do not indicate exterior modifications. The applicant proposes an amended floor plan while maintaining an occupant load of less than 49 persons. "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. N The building is located downhill to the west of a nearby R-3 Multiple Family Residential zone and is separated by a twenty (20) foot wide alley, one -hundred (100) foot wide parking lot, and a sixty (60) foot wide street. The R-3 zone to the north of the site is separated by an approximately sixty (60) foot wide street. The sloping topography makes approximately half of the ground floor level, where the restaurant is proposed, below grade. There are currently no existing windows or doors along the ground level of the north elevation. No new windows or doors are proposed. All business operations will be fully contained within the building, no outdoor dining areas are proposed, and the restaurant use will be maintained with the new Brat & Brau restaurant. The cease of alcohol sales and consumption at 10:00 P.M. daily while allowing food service until 11:00 p.m. daily, an occupant load of less than 49 persons, and arestaurant use to be fully conducted within the existing building will reduce the potential for noise disturbances to neighboring residences. B. Adequacy of off-street parking facilities and streets, and distance of parking from the proposed use: The proposed modifications will continue the existing restaurant use while maintaining an occupant load of less than 49 persons. Parking is not anticipated to be impacted. C. Location of and distance to churches, schools, hospitals and public playgrounds: The proposed modifications are not likely to affect Noble Park, or other parks or similar uses in the vicinity due to distance and offset hours. D. The combination of uses proposed, concentration and number of similar establishments or uses within close proximity to the proposed establishment. The proposed project is located in the C-2 Restricted Commercial zone which aims to provide opportunities for a limited range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown -- a resident and visitor serving pedestrian -oriented shopping/ entertainment district. The previous restaurant use will continue with the addition of on -sale beer and wine service and consumption until 10:00 P.M. daily while allowing food service until 11:00 p.m. daily. 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. F. Noise, odor, dust and/or vibration that may be generated by the proposed use: All business operations will be fully contained within the building with no outdoor dining areas proposed. Therefore, noise, odor, dust and/or vibration disturbances are not anticipated. G. Impact of the proposed use to the City's infrastructure, and/or services: The restaurant use will be maintained with the new Brat & Brau restaurant and current infrastructure is capable of handling the unchanged use. No impacts are anticipated. 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: No other issues are identified. Section 6. 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. Section 7. Based on the foregoing, the Planning Commission hereby approves Parking Plan 15-5 and Conditional Use Permit 15-8, to add 246 square feet of storage area on the ground floor to be connected with the ground floor restaurant (Brat & Brau) while excluding this square footage from required parking and to allow for on -sale beer and wine service and consumption until 11:00 P.M. daily, subject to the following Conditions of Approval: Parking Plan 1. The use shall be substantially consistent with the applicant's submittal reviewed and approved by the Planning Commission on August 18, 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 total square feet of space converted for storage on the ground floor tenant space for shall be designated for use by the restaurant on the ground floor (Brat & Brau) at 1342 Hermosa Avenue. 3. The applicant shall record on the property, in a form acceptable to the City Attorney, a covenant restricting the use of the 246 square feet added storage space to storage for the restaurant on the ground floor (Brat & Brau) at 1342 Hermosa Avenue, and acknowledging that access from the storage area to the front restaurant establishment at 1342 Hermosa Avenue must be exclusively maintained. 4. 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. 5. 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. 6. The Planning Commission may review this Parking Plan and/or 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. 4 7. 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. Conditional Use Permit 8. The use consisting of a restaurant with on -sale beer and wine shall be substantially consistent with submitted plans reviewed by the Planning Commission on August 18, 2015 and as required by project conditions. Minor modifications to the floor plan shall be reviewed and may be approved by the Community Development Director. Any substantial deviation to the floor plan or seating arrangement or intensification of use, or which alters the primary function of the business, shall be reviewed and approved by the Planning Commission. 9. The business hours of operation shall be from 8:00 A.M. to 11:00 P.M. daily, at which time all customers shall vacate the premises and the doors shall be locked. Beer and wine sales and consumption must cease by 10:00 p.m. daily while allowing food service to continue until 11:00 p.m. daily. 10. 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, 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 monthly food to alcohol sale ratios are consistent with the ratios in Section 17.70.010(H). 11. The provision of alcoholic beverages shall be limited to beer and wine and comply with the following: a. All alcoholic beverages shall be served in non -disposable drink ware. b. No beer or wine shall be provided "to go". 5 c. Signs shall be posted in a conspicuous location warning patrons of the illegality of consuming alcoholic beverages in any public place. 12. Signs shall be posted complaint with H.B.M.C. Section 8.48.060 Alcoholic beverages --Warning signs. 13. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 14. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the business or in the immediate area. 15. If the operation of the establishment poses a risk of harm to persons or property, the Police Chief may direct the presence of a police approved doorman and/or security personnel to eliminate the problem, at the owner/operators expense. 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. 16. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 17. The business shall comply in all other aspects with Municipal Code Chapter 8.24 (Noise Control) and noise from the premises shall not constitute a public nuisance. a. The volume on any audio devices or speakers shall be turned off after 10:00 P.M. each night. Air conditioning shall be installed to facilitate implementation of this condition. 18. Live entertainment (including but not limited to amplified music, disc jockeys, live music whether acoustic or amplified, and live performances of all kinds), excluding two acoustic musicians providing background music as allowed by the Municipal Code, and customer dancing is prohibited. Such acoustic musicians shall not be located within ten (10) feet from the fagade. 19. The practice of washing and rinsing restaurant floor mats, tables, equipment, etc., or discharge of any liquids, other than stormwater, onto the public right-of-way, into the parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. Designation of a mop sink and provision of a grease trap shall be provided as required by the Public Works and Building Division. 20. The establishment shall not use polystyrene take-out containers, which may or may not be identified with a "No. 6" or "PS" recycle code. 21. A manager who is aware of the conditions of this conditional use permit shall be on premises during business hours. The conditional use permit shall be maintained on the premise in a location where employees can easily read the conditions. 22. Exterior and interior water use shall comply with H.B.M.C. Section 8.56. Proof of compliance with water conserving devices shall be provided. 23. The project shall comply with all requirements of the City Building, Fire, and Public Works Departments and maintain conformance with all other applicable City of Hermosa Beach and regulatory agency requirements and standards, including but not limited to: California Coastal Commission, 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). City requirements may include but not be limited to designation of a mop sink and installation of a grease interceptor. 24. 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. 25. 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. 26. 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 8. 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 and Conditional Use Permit 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. 7 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 Parking Plan and 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 9. 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,Saemann,Chmn.Flaherty NOES: None ABSTAIN: None ABSENT: Comm.Hoffman CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 15-21 is a true and complete record of (he r� action taken by the Planning Commission of the City of Hermosa c,,acl,, il"olt•r is at"Kis regular meeting of August 18, 2015„ ____._' d ..._ ............ r� �:x �����..roe...___ ...... Michael Flaherty, Chairman 1 ° ,° ,Secretary Au ug, st 18, 2015 Date H.