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HomeMy WebLinkAboutPC Resolution 14-03 - (3-11 Pier, Mermaid)P.C. RESOLUTION 14-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO MODIFY THE FLOOR PLAN, ADD AN OUTDOOR DINING AREA, AND REDUCE HOURS OF OPERATION IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH ON -SALE GENERAL ALCOHOL (THE MERMAID) AND A PARKING PLAN TO ALLOW TANDEM SPACES, AT 3-11 PIER AVE, LEGALLY DESCRIBED AS HERMOSA BEACH LOTS 1, 2, 3, 4 AND LOT 5, BLOCK 13, 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 Kevin Michaels and Brett Doherty, The Mermaid Hermosa Beach LLC requesting approval of Conditional Use Permit Amendment 14-1 to modify the floor plan, add outdoor dining, and reduce hours of operation and Parking Plan 14-1 to allow tandem parking spaces. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on February 18, 2014 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 zoned C-2 Restricted Commercial which allows outdoor dining with approval of a Conditional Use Permit. The site is located on Pier Plaza, the pedestrian -oriented commercial center of the City with surrounding uses consisting of restaurants, retail, and 2. The outdoor dining area would occupy 349 square feet at the southwest corner of the building. Landscaping in the parking lot would be largely removed, and three parking spaces added with 16 spaces in tandem. 3. The floor plan is proposed to be modified as follows: a) Removal of the piano in the southwest bar area and installation of new booths and 42" high drink rail and chairs; b) removal of the 11 counter seats in the kitchen area at the northwest corner of the building and removal of four tables (16 seats total) in the rear dining area at the northeast corner of the building and installation of two (2) pool tables in their place; c) recessing the southeast service entry door for emergency egress in compliance with current Building and Safety Codes; and d) the existing occupant load of 126 will not increase as a result of the amended floor plan and the outdoor dining area. 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 amendment pursuant to H.B.M.C. Section 17.44.020 and incorporation of 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 subject property. The applicant proposes a 349 square foot outdoor dining area at the southwest corner of the building. Submitted plans show seating to be loose tables and chairs with 26 total seats and a 42" high railing. The outdoor dining area will close by 11:00 p.m. daily while the interior part of the restaurant will have a closing time of 12:00 a.m. and 2:00 a.m. depending on the day of the week. Despite the location of the business within a concentrated commercial area, staff recommends a condition 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. Therefore impacts to existing residential uses should not occur. Changes to the floor plan include the addition of two pool tables. However, the existing bar will not be enlarged, occupant load will not change, and due to the interior location, adverse impacts are not anticipated. B. Adequacy of off-street parking facilities and streets, and distance of parking from the proposed use: The applicant has applied for a Parking Plan. Analysis of parking for the site is addressed under the next section. 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: Pier Plaza contains a high concentration of late -night alcohol serving establishments open after 11:00 p.m. 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 after 11:00 p.m. The following criteria in Section 17.40.080 are considered: a. 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. b. Whether the use will intensify through increases in the assigned occupant load from owner/operator-initiated construction and/or remodeling that expand the square 2 footage or alter the floor plan: The occupant load will not increase. The total square footage of the business will increase with the allowance of the outdoor dining area; however, this patio is proposed to be closed by 11:00 p.m. daily. Conditions are proposed that the area must be closed to seating for any reason so as to not cause loitering in this area and televisions, audio, or video equipment, amplified or unamplified on the outdoor dining area would be prohibited, and therefore impacts will not occur. 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 would remain the same, however hours of operation would be restricted compared to the existing unrestricted hours under the CUP as a trade-off. The proposed floor plan changes will eliminate 32 seats from the interior area, the bar area will not increase, interior occupant load will decrease, and overall occupant load, interior and exterior, will remain the same. Therefore, the addition of two pool tables in bar area and other minor interior changes will not materially increase the intensity of the use after 11:00 p.m. While the applicant requests to provide on -sale general alcohol on the outdoor patio, this area would close by 11:00 p.m. daily and conditions are imposed to ensure people do not loiter on the patio after it closes. Considering these factors, adverse impacts should not occur. d. 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 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 under item A, a condition of approval prohibiting televisions and other similar equipment from being located on the outdoor patio is 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 an existing business. Infrastructure and utilities for the site are existing. The existing sewer system has exhibited past problems and it has not been upgraded. Municipal Code Section 15.16.070 requires `Retrofitting Existing Commercial Kitchens With Grease Recovery Systems.' Preliminary review of the plans by the Building Division indicates the property will be required to install or upgrade the grease trap and the project is conditioned to ensure systems for the disposal of waste are adequate so that the kitchen can support the operation of a bona - fide restaurant including the requested outdoor dining area. 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 indicates a new occupant load and exiting plan will need to be submitted. The applicant has been working with the Fire Department to meet these requirements. Section 6. 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 17.44.210 finding that the tandem parking as conditioned will supply adequate parking to meet demand without impacts to surrounding uses: 1. The existing restaurant is nonconforming to parking requirements. Per Section 17.44.040(D), three additional spaces are required to serve a 349 square foot patio for a total of 25 spaces. Tandem parking for commercial businesses may be considered pursuant to a Parking Plan. City records indicate that the property has been legally utilizing tandem parking since at least 1990. The proposed parking design increases the number of tandem parking spaces from 12 to 16. Nine (9) additional, non -tandem spaces are provided on -site bringing the total number of proposed parking spaces to 25. 2. Parking will be adequate based on proposed conditions: 1) requiring a valet attendant at all times, 2) signage informing employees to utilize the front tandem spaces, 3) parking and valet service is free for the first 90 minutes, and 4) installation of bike racks onsite. Section 7. Based on the foregoing, the Planning Commission hereby approves the request for Conditional Use Permit Amendment 10-10 subject to the following Conditions of Approval: 1. The use consisting of a restaurant with on -sale general alcohol shall be consistent with plans submitted and approved by the Planning Commission on February 18, 2014. 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. Monday through Wednesday, and 8:00 a.m. to 2:00 a.m. Thursday through Sunday, after which the doors shall be locked. 3. The outdoor dining area shall not exceed 349 square feet. 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. 4. The business shall be operated as a bona fide restaurant. The kitchen shall be equipped to prepare food from its component ingredients whenever the restaurant is open and it shall offer a full -service lunch and/or dinner menu; food service from the menu shall be available during all hours that the establishment is open for business; a minimum or fifty (50) percent of the total gross sales, computed monthly, shall result from the sale of prepared food. The permittee shall maintain a summary of gross receipts of food and alcohol indicating the percentage of each to the total on a monthly basis for inspection by the City upon request. El 5. 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. a. Entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be prohibited within the outdoor patio. 6. 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. 7. Occupant load on the outdoor dining area shall not exceed 23 persons and occupant load within the building shall not exceed 103. 8. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 9. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the business or in the immediate area. 10. 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. 11. 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. 12. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 13. To reduce marine debris associated with take-out containers, the establishment shall not use take-out containers with a "No. 6" recycle code. 5 14. 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. The volume on audio devices and speakers shall be turned off between 10:00 p.m. and 8:00 a.m. within the outdoor dining area. 15. 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. 16. 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. 17. 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. 18. The parking lot shall provide a minimum of 25 parking spaces at all times. A maximum of 16 tandem spaces may be provided. a. The parking lot shall be designed and striped in compliance with Chapter 17.44. The disabled parking space shall be appropriately signed. 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 and shall utilize the front (space that would be blocked) tandem spaces. c. Parking shall be free for employees of the business during work hours at all times, and parking for customers of the business shall be free for the first 90 minutes. d. Signs approved by the Community Development Director shall be prominently displayed informing patrons that they may utilize the tandem 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 shall be provided onsite and maintained at all times for at least three (3) bicycles. f. Applicant shall work with Staff to incorporate landscaping at the southwest corner of the parking lot to the satisfaction of the Community Development Director. 19. The business shall participate in the City's downtown parking validation program, providing validations for parking in public lots for no less than two hours, if and when such program is available. 20. Exterior and interior water use shall comply with Chapter 8.56. 21. This approval incorporates conditions from and supersedes Planning Commission Resolution 90-80, which hereafter shall be of no further force and effect. 22. 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. b. To ensure the establishment, including the outdoor dining area, will operate as a bonafrde restaurant, the sewer line shall be inspected to ensure its integrity and the applicant shall obtain City permits for and install a grease interceptor per H.B.M.C. Section 15.16. 070 within 6 months of the approval of this permit, and prior to operation of the outdoor dining area. 23. 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). 24. An approved coastal development permit from the California Coastal Commission shall be filed with the City prior to issuance of construction permits. 25. 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. 26. 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. 27. 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. 7 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 grant. The Conditional Use Permit Amendment and Parking Plan 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. 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. Flaherty, Perrotti, Pizer, Chmn. Hoffman NOES: None ABSTAIN: None ABSENT: Comm. Allen CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 14-3 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 February y" 18, 2014. Peter 1 � l ti ,Chairman mi, Secretary a �... February 18w, 2014mm Date 8