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Home My WebLink AboutPC Resolution 15-29 - (TEXT15-5; small business parking waiver)RESOLUTION P.C. 15-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A TEXT AMENDMENT TO THE MUNICIPAL CODE CHAPTER 12.16.090 TO WAIVE COMPLIANCE WITH PARKING STANDARDS FOR SMALL OUTDOOR DINING AEAS IN PIER PLAZA, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: SECTION 1. On October 20, 2015, the City of Hermosa Beach directed staff to initiate a code amendment to the Municipal Code to facilitate the addition of a small outdoor patio for food service establishments located within Pier Plaza. SECTION 2. The Planning Commission held a duly noticed public hearing on November 17, 2015 to consider a text amendment to facilitate the addition of a small, outdoor patio (maximum 200 square feet) for a food establishment located within Pier Plaza that serves no alcohol and operates within the hours of 7:00 am to 10:00 p.m., by waiving the requirement for additional parking spaces (TEXT 15-5). SECTION 3. Pursuant to the provisions of the California Environmental Quality Act, an Initial Study and Negative Declaration were prepared and will be noticed for a 30 day period. If no comments are received during that time period, it can be determined that no significant impacts on the environment would result from the project. The Negative Declaration prepared for this project reflects the City's independent judgment and analysis. The Planning Commission finds that there is no substantial evidence that the project would have a significant impact on the environment. The Planning Commission recommends that, if there are no comments received during the ensuing 30-day period, that the City Council of the City of Hermosa Beach adopt the Initial Study and Negative Declaration as adequate and complete and approve the Final Negative Declaration. SECTION 4. The Planning Commission hereby recommends City Council approval of the proposed ordinance to be amended as follows: Section 12.16.090, Commercial outdoor dining Use of the public right-of-way for commercial outdoor dining may be permitted subject to issuance of an encroachment permit in compliance with this Chapter, and subject to the following conditions. A. Every encroachment permit for commercial outdoor dining shall ensure the following: 1. Provides for and maintains an area of passage for pedestrian traffic 2. Does not inconvenience pedestrian traffic; 3. Conforms to all applicable health codes and this code; 4. Applicant to pay all appropriate fees, including but not limited to rental fees; 5. Applicant to maintain and keep in force at all times a policy of liability insurance, naming the city as an additional insured in the amount of one million dollars ($1,000,000); and 6. To pay restorative costs, if applicable, in an amount to be determined by the Director of Public Works, plus administrative costs. B. Pier Plaza. Encroachment for commercial outdoor dining on Pier Plaza shall comply with Section 12.16.060 and the design and operational standards adopted by the resolution of the City Council. Deviations from the standards set forth in this section may be allowed pursuant to a conditional use permit granted in compliance with Chapter 17.40. 1. Li �lriirrc iri conioliarace w tli t1iis,msect ioo shall 12C exem A from co nipliapc 'with off-street varkim,, standards iai..0 lia')ter 17A4 if it ni cwi5 die followin stalimdards: a. `l"lrc eiieroachmentwarea does not c ceed two liuii [m ,,d )0 c �t �, feet; b. t1 c of the encroachment area is litnit_ed to l,e hoors of"of� �° tiormt of the ad .ccrit food establishment not to exceed 7:00 a.m. to 10:00 p.m., and cAlcoholic he.verapcs are jiot„oft'6v�d. sold oi, ccattsunied withiri the eiicroachincrit area. C. Commercial zoning districts, excluding Pier Plaza and Specific Plan Area No. 11 (Upper Pier Avenue). Encroachments for commercial outdoor dining on sidewalks within commercial zoning districts, excluding Pier Plaza and Specific Plan Area No. 11 (Upper Pier Avenue), shall comply with Section 12.16.060 and the following design and operational standards and limitations: l . The outdoor dining encroachment area shall be managed, operated, and maintained as an integral part of the adjacent food establishment. Food establishment includes restaurants, snack shops, food and beverage markets, supermarkets, bakeries, deli's, or similar establishments that offer food or beverages, as determined by the Director of Public Works in consultation with the Community Development Department. Food establishment does not include temporary, mobile or freestanding food service providers or vendors. 2. The encroachment area shall be located adjacent to the building, and shall not be located within or separated from the establishment by landscaping, street furniture, parking spaces, drive -aisles, alleys or streets, or other elements. 3. Encroachment areas along any street frontage shall be located at least ten (10) feet from any residential zone. 4. The encroachment area when located on sidewalks shall not exceed two hundred (200) square feet, shall not exceed five (5) feet in depth, and shall not occupy more than thirty (30) percent of the sidewalk width excluding curb. On pedestrian walk streets the encroachment area is not subject to the depth or width limitations but shall not exceed two hundred (200) square feet. Outdoor dining in compliance with this section shall be exempt from compliance with off-street parking standards in Chapter 17.44. 5. Use of the encroachment area shall be limited to the hours of operation of the adjacent food establishment, not to exceed 7:00 a.m. to 10:00 p.m. 6. The encroachment area is limited to sit-down food and beverage consumption for seated customers only. Serving ware used in the encroachment area shall be resistant to shattering or breaking into fragments (no glass, ceramic or similar materials). 7. Alcoholic beverages shall not be offered, sold or consumed within the encroachment area. 8. A clear, continuous pedestrian path not less than five feet (5') in width or more as deemed appropriate by the Director of Public Works for pedestrian circulation outside of the encroachment area shall be maintained at all times. As used herein, pedestrian path means a continuous obstruction -free sidewalk area between the outside boundary of the encroachment area and any obstructions, such as street trees or planters, utility poles, street furniture, newsstands, bus benches, or curb. 9. The layout of the encroachment area shall not impede ingress or egress, and shall be fully accessible to the physically disabled, as required by the Building Code, Title 24 Disabled Access Standards, any other requirements of law, and the City Fire Marshall. 10. Barriers around the encroachment area shall not be provided unless required by the Director of Public Works for public safety, such as protection from vehicles or in cases of surface or grade changes. Unless otherwise specified, required barriers need not be removed each evening, but shall be capable of being removed. If imbedded into the pavement, barriers must be fixed through the use of recessed sleeves and posts, or by wheels that can be locked into place or weighted in place. Required barriers shall conform to requirements for the sight -impaired and shall be properly maintained. The height of any barrier shall not exceed three (3) feet, six (6) inches. All barriers must be able to withstand inclement outdoor weather, and 100 pounds per lineal foot of horizontal force at the top of the barricade when in their fixed positions. 11. The elevation of the encroachment area shall not be altered (e.g., no platforms or recesses). No modification to the surface of the right-of-way, such as resurfacing, texturing or borings for recessed sleeves, shall be made unless approved by the Director of Public Works. 12. Furnishings shall be limited to sturdy chairs, benches and tables, and umbrellas sheltering tables. Furnishings shall be designed for outdoor use. No portion of an awning or umbrella shall be less than eight (8) feet above the sidewalk or extend outside the encroachment area. Awnings may extend up to four (4) feet from the building front or cover up to fifty (50) percent of the sidewalk width, whichever is less. A building permit shall be obtained prior to installation of an awning. No other objects, including but not limited, to host/hostess podiums, bars or bar -height tables, light stands, signs, menu boards, service items or grills are allowed. Furnishings shall not display prominent logos or advertising. All furnishings shall be maintained in good condition at all times. 13. All furnishings and barriers shall be maintained free of appendages or conditions that pose a hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can detect the objects safely. No appendage shall extend outside the encroachment area. No persons including customers shall place anything within or near the encroachment area that could pose a tripping hazard or interfere with accessibility, such as animals tied to signs or utility poles, bicycles, etc. 14. Approved furnishings and objects shall be removed from the encroachment area daily prior to close of business, but no later than 10:30 p.m., unless such furnishings are required to be bolted to the pavement or are approved to remain by the director of public works. 15. No entertainment, music, audio speakers, televisions or visual media of any type, whether amplified or unamplified, shall be located within the encroachment area. 16. The encroachment area, including surfacing, shall be maintained in a neat and clean manner, free of litter, food scraps, soiled dishes, and graffiti, at all times. The business 3 shall actively monitor the area and promptly remove food service ware, food scraps, litter and other trash. Trash receptacles shall be supplied in an easily accessible location on the subject property. Surfacing in and around the encroachment area shall be cleaned during the business day as needed and at the end of each business day. Cleaning and the use of water for cleaning the encroachment area shall comply with good housekeeping best management practices approved by the director of public works in accordance with Chapters 8.44 and 8.56. Under no circumstances shall debris or runoff be swept, washed, or blown into the sidewalk, gutter, storm drains or street. The director of public works may issue the encroachment permit only after determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code. 17. Use of the encroachment area shall not adversely affect the welfare of the nearby residents or commercial establishments. 18. The final location and configuration of the encroachment area shall be subject to approval by the director of public works, after determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code. The director may attach conditions to mitigate public health, safety and convenience impacts unique to the specific location. 19. The encroachment permit shall be valid for one year and may be annually renewed. 20. Deviations from the standards set in this section may be allowed pursuant to a conditional use permit, granted in compliance with Chapter 17.40. D. Specific Plan Area No. 11 (Upper Pier Avenue). Encroachments for commercial outdoor dining on sidewalks within the boundaries of the Specific Plan Area No. 11 zoning district (Upper Pier Avenue) are prohibited. VOTE: AYES: Comms.Allen,Flaherty,Hoffman,Saemann,Chmn.Pizer NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 15-29 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular e,etiti ofN() ct�i�ber 17, 2015. Ron 01 Zer, rainnar 2015 November 17. Date X� 1� °fiZrfsorr" "keret,ary 0