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HomeMy WebLinkAboutPC Resolution 15-28 - (37-39 Pier Ave)P.C. RESOLUTION 15-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW USE OF THE OUTDOOR DINING AREA AT 37 PIER AVENUE (CURRENTLY CAFE BONAPARTE) IN CONJUNCTION WITH THE RESTAURANT AND OUTDOOR DINING AREA WITH ON -SALE ALCOHOL AT 39 PIER AVENUE (CURRENTLY PALMILLA RESTAURANT) UNTIL 11:00 P.M. DAILY; AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AT 37-39 PIER AVENUE, LEGALLY DESCRIBED AS PORTION OF LOT 31, AND ALL OF LOT 21, BLOCK 13, HERMOSA BEACH TRACT, 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 Ron Newman requesting approval of Conditional Use Permit Amendment 15-9 to allow use of the adjacent outdoor dining area to the west in conjunction with restaurant and outdoor dining area at 39 Pier Avenue (Palmilla Restaurant). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Conditional Use Permit Amendment 15-9 on November 17, 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: 1. The site is located on Pier Plaza and zoned C-2 Restricted Commercial. Section 12.16.060(B) allows encroachments in the right-of-way adjoining the subject business, however, the proposed location adjoins a neighboring tenant space, thereby deviating from the standards set forth by the City Council and requiring a Conditional Use Permit. 2. The proposed outdoor dining area occupies approximately 197 square feet while the total combined area of the outdoor dining areas will be approximately 461 square feet. 3. The new outdoor dining area will close by 11:00 p.m. daily while the existing outdoor dining area fronting 39 Pier Avenue (Palmilla Restaurant) will remain open until 1:30 a.m. daily Section 4. The project is Categorically Exempt from the provisions of the California Environmental Quality Act per CEQA Guidelines, Section 15301(e), Existing Facilities, because the proposal involves an addition less than 50% of the existing floor area, and no significant impacts are identified. 1 Section 5. Based on the foregoing factual findings the Planning Commission makes the following findings that the Conditional Use Permit 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 Pier Plaza, the pedestrian- oriented commercial center of the City. Surrounding properties exhibit general commercial uses such as retail, services and restaurants. The nearest residential use is located on 101h Street, approximately three (3) blocks from the property. The applicant proposes to use an existing 197 square foot outdoor dining area fronting the adjacent tenant space to the west (37 Pier Avenue) as part of the current outdoor dining area at 39 Pier Avenue (Palmilla restaurant). The applicant proposes the new outdoor dining area to close by 11:00 p.m. daily, essentially converting the existing outdoor dining for the cafe to dining for Palmilla, while the existing patio area in front of the restaurant and the interior dining area of the restaurant will remain open until 1:30 a.m. Given the location of the business within a concentrated commercial area, it is not anticipated that the use of the existing 197 square feet of outdoor dining area until 11:00 p.m. daily will adversely impact residential uses, however, the project has been conditioned to prohibit entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, to be provided within the outdoor patio. B. Adequacy of off-street parking facilities and streets, and distance of parking form the proposed use: The business is located within Pier Plaza, the pedestrian -oriented commercial center of the City. A Master Parking Plan approved in 1997 by the City Council approved outdoor dining on Pier Plaza in front of 11 tenant spaces including the subject outdoor dining area in front of 37 Pier Avenue. Adverse parking impacts are not anticipated. C. Location of and distance to churches, schools, hospitals and public playgrounds: The project site is located on Pier Plaza, the pedestrian -oriented commercial center of the City. The proposed modifications are not likely to impact Valley View School, the Community Center, or other parks or similar uses in the City 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 City has recently identified Pier Plaza as containing a high concentration of late -night alcohol serving establishments — with `late -night' defined as operating after 11:00 p.m. -- and outlined specific analysis criteria when granting additional entitlements to existing "late -night" establishments in Section 17.40.080. See below: 1. 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. The proposed outdoor dining area currently serves as an outdoor dining area for the adjacent bakery, a non - alcohol serving establishment. The proposed use of the outdoor dining area for the restaurant will allow alcohol service on an area not currently permitted to serve alcohol, however, the expanded area of the patio will close at 11:00 p.m. daily and will not increase alcohol serving areas open after 11:00 p.m. No increase after 11:00 p.m. will occur. 2. 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 proposed outdoor dining area will be closed at 11:00 p.m. daily and thus will not increase the occupant load of the outdoor dining area after 11:00 p.m. 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 proposed outdoor dining area use will operate until 11:00 p.m. daily. Adverse impacts associated with alcohol serving establishments typically occur after 11:00 p.m. Adverse impacts are not anticipated due to the new outdoor dining area. 4. 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 restaurant with on -sale general alcohol and use of an existing outdoor dining area at the adjacent space to the west. The project 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. F. Noise, odor, dust and/or vibration that may be generated by the proposed use: As mentioned previously, a condition of approval is included prohibiting televisions and other similar equipment from being located on the outdoor patio. 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 an existing business. Infrastructure and utilities for the site are existing and are not anticipated to be impacted. 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. Based on the foregoing, the Planning Commission hereby approves the request for Conditional Use Permit 15-9 subject to the following Conditions of Approval: 3 1. The outdoor dining area shall be consistent with plans submitted and approved by the Planning Commission on November 17, 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 outdoor dining area in front of 37 Pier Avenue (13 feet in depth and 13 feet and eight (8) inches in width) shall be 8:00 a.m. — 11:00 p.m. at which time a minimum 42 inch high obstruction (gate, railing, etc.) shall be placed across the depth of the patio area (north to south) at the division of the tenant spaces (37 and 39 Pier Avenue). 3. The provision of alcoholic beverages shall comply with the following: a. All alcoholic beverages shall be served in nondisposable drink ware. b. A minimum 42" high gate surrounding the outdoor dining area shall be maintained thereby providing a barrier between the sidewalk and the dining areas in which alcohol is served. Said gate and any doors or windows shall not open into the public right of way. c. 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. 4. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 5. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the business or in the immediate area. 6. 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. 7. Any changes to the outdoor dining area layout which alter the primary function of the outdoor dining area shall be subject to review and approval by the Planning Commission. 8. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 4 9. To reduce marine debris associated with take-out containers, the establishment shall not use take-out containers with a "No. 6" recycle code. 10. 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. 11. Entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be prohibited within the outdoor patio. a. Televisions, projectors, or any other type of motion picture display cannot be displayed facing outwards (south) towards Pier Plaza, whether inside the patio or inside the building. 12. 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. 13. 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. 14. Exterior and interior water use shall comply with Chapter 8.56. 15. The improvements and the operation of the outdoor dining area shall comply with all requirements of the Building, Fire and Public Works Departments. The applicant shall submit a plan for occupant load calculation of the outdoor dining area prior to final sign off of the building permit. 16. An encroachment permit shall be required pursuant to Municipal Code Section 12.16.090 Commercial Outdoor Dining. 17. 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). 18. 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 5 development or activity not in full compliance shall be a violation of these conditions.. 19. 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. 20. 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 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. 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 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. 0 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.Flaherty,Hoffman,Saemann NOES: Comm.Allen,Chmn.Pizer ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 15-28 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular ineeting of November 17, 2015. Ron Pizer, Chairman November 17. 2015 Date ,m � r� "1c,- h , 1 a wa r�o , i i, Secretary 7