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HomeMy WebLinkAboutPC Resolution 14-20 - (25 Pier Ave)P.C. RESOLUTION NO. 14-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO CLASSIFY A NEW FOOD ESTABLISHMENT (SCAPEGOAT COFFEE) AS A `SNACK SHOP' FOR THE PURPOSE OF CALCULATING PARKING REQUIREMENTS AT 25 PIER AVENUE, LEGALLY DESCRIBED AS A PORTION OF LOTS 19 AND 20 AND SW 30 FT MEASURED ON NW AND SE LINES OF LOT 31, 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 TREK Development seeking approval for a Parking Plan to classify a new food establishment (Scapegoat Coffee) as a 'snack shop' and to apply the retail parking standard for purposes of calculating parking requirements. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Parking Plan 14-6 on August 19, 2014, 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 which allows snack shops which may be parked at the retail standard pursuant to a Parking Plan in accordance with Municipal Code Section 17.44.210. 2. The applicant requests to convert a 758 square foot retail space (70 feet, 6 inches by 10 feet, 10 inches; being a portion of Pier Surf) to a snack shop, together with the addition of a 140 square foot outdoor patio on Pier Plaza (10 feet, 10 inches by 13 feet), excluding a 5 foot pedestrian path consistent with the calculation of parking for other outdoor patios on Pier Plaza, resulting in a net increase of 75 square feet. 3. The tenant space will provide a kitchen, office, restroom, ordering counter and customer area. Seating for 10 to 12 persons will be provided on the exterior patio consisting of a bench with 6 tables and 5 stools at a counter. The applicant proposes to serve a limited menu of quick -serve non-alcoholic drinks such as coffee, fruit juices, tea, and soda. No wait staff service will be provided. The kitchen will be limited to less than 200 square feet and will not provide an oven or means for cooking meals. 4. There are several shared parking spaces to the rear of the building and one space will be utilized by this tenant space. Therefore the current use is nonconforming to the retail parking requirement of 3 spaces for the existing 758 square foot retail use based on one space per 250 square feet. Section 4. Based on the foregoing, the Planning Commission makes the following findings that the use is consistent with the snack shop designation, the characteristics of the proposed use are similar to retail use and will result in less parking demand than for a restaurant, and an increase in intensification parking demand will not occur, and parking is adequate based on the retail parking standard: 1. The business is appropriately classified as a `snack shop' per H.B.M.C. Section 17.04.050 because the kitchen is limited to less than 200 square feet and will not provide an oven or means for cooking meals, the menu is limited and alcoholic beverages will not be provided, and less than 25 seats will be provided. 2. Pursuant to H.B.M.C. Sections 17.44.030(0) and 17.44.210, the retail commercial parking standard (one space per 250 square feet of gross floor area) is appropriate for this use and pursuant to Section 17.44.040(D) and 17.52.035(D) the retail use intensity will not be exceeded and no additional parking is required because: A. Parking duration for each customer is short because the proposed use is a quick serve shop that anticipates a customer wait time of less than one minute from customer order to receipt. B. As a snack shop with a limited menu and seating area, the proposed use is not a destination business and will not generate a high number of single purpose trips. It is expected to be a walking or biking destination or one of multiple -trips for people who are already in the downtown. It is unlikely that many customers will drive to the establishment when are other establishments that provide similar items in the area parking is at premium. C. Based on the above, the proposed use is a continuation of the prior retail use intensity and provided one existing parking space is maintained, no additional parking for the interior use is required. While the proposed use is expanding by 140 square feet of gross floor area, consisting of an outdoor patio, a 5 foot pedestrian path may be excluded as required by City Council Resolution No. 05-6417 `Standards and Procedures for the Design and Operation of Outdoor Dining Areas on Pier Plaza,' and as was permitted for other encroachments on Pier Plaza, and this reduces the expanded gross floor area to 75 square feet for the purposes of calculating parking per Sections 17.44.040(D) and 17.52.035(D). Per Section 17.44.180 any resulting fractional space less than one-half may be disregarded and therefore no additional parking is required. Section 5. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15303, Class 3(c) New Construction or Conversion of Small Structures as the infill project is located in an urbanized area, only 140 square feet of space will be added consisting of an outdoor eating area on a paved surface, and all necessary public services, access and facilities are available. Section 6. Based on the foregoing, the Planning Commission hereby approves Parking Plan 14-6, subject to the following Conditions of Approval: 1. The floor plan shall be substantially consistent with the plan approved by the Planning Commission on August 19, 2014. Minor modifications to the plans required to comply with project conditions or codes may be approved by the Community Development 2 Director. Not more than 25 people total shall be seated or accommodated at the establishment. 2. The use shall comply with the requirements of a 'snack bar' as defined in the Hermosa Beach Municipal Code Section 17.04.050, including no waiter/waitress table service except queuing, shall not serve full meals or have a kitchen capable of serving meals, no oven or stove shall be provided, a limited menu shall be provided, and no alcoholic beverages are allowed. 3. The improvements and operation shall comply with all requirements of the Hermosa Beach Municipal Code and the Los Angeles County Health Department, and Hermosa Beach Community Development, Fire and Public Works Departments. A. The applicant shall obtain and maintain compliance with an encroachment permit issued by the Department to Public Works for outdoor seating on Pier Plaza in compliance with Municipal Code Chapter 12.16. B. The use shall comply with all requirements of Chapter 8.44 including but not limited to the following: The runoff from washing and/or rinsing of snack bar tables, equipment, floor mats, food preparation utensils and other coverings, shall drain to the sewer system only and shall under no circumstances drain to the stormwater system. C. The premises shall be maintained in a neat, clean, litter and graffiti -free manner at all times, and adequate s containers shall be provided to reduce litter and contaminants on the public right-of-way per Chapter 8.12. a) Adequate solid waste containers shall be provided for customer use within the outdoor patio. b) Polystyrene containers and drink ware shall not be used or provided by the establishment per Chapter 8.64. ' D. Improvement and operation shall comply with water conservation requirements in Chapter 8.56, food facility inspections in Section 8.04.030, and sign regulations in Chapter 17.50. 4. Shared parking shall be maintained to the rear of the building; one parking space directly to the rear of the tenant space shall be re -striped and maintained for parking at all times. 5. The applicant shall seek a determination from the California Coastal Commission on whether a Coastal Development Permit is required, and if required the applicant must obtain the Coastal Development Permit prior to issuance of the Certificate of Final Occupancy. 6. 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 3 property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 7. The Planning Commission may review this Parking Plan and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects with regard to this Parking Plan resulting from the subject use. 8. 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. This 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 attorneys' 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 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,Perrotti,Pizer,Chmn.Allen NOES: None ABSTAIN: None ABSENT: None M CERTIFICATION I hereby certify the foregoing Planning Commission Resolution 14-20 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 19, 2014. Kent Allcil,'Chairman August 19, 2014 Date���........������......... oo a er t: oti, Secretary