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HomeMy WebLinkAboutPC Resolution 13-14 - (243 PCH)P.C. RESOLUTION NO. 13-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO CLASSIFY A NEW FOOD ESTABLISHMENT (BABY G'S) AS A `SNACK SHOP' FOR PURPOSE OF CALCULATING PARKING REQUIREMENTS AT 243 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS LOT 58 AND NW 5.5' OF SW 36' OF LOT 59, WALTER RANSOM CO'S, VENABLE PLACE, 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 Georgette Afsa, Michael Burgett and Kameron Peterson seeking approval for a Parking Plan to classify a new food establishment (BABY g's) as a'snack shop' for purpose of calculating parking requirements. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Parking Plan 13-3 on June 18, 2013, 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 SPA-7 which allows food establishments and reduction in parking requirements in accordance with a Parking Plan. 2. The applicant requests to convert al,800 square foot retail space to a snack shop. The applicant proposes to serve a limited menu of ice-cream, brownies, baked goods and non-alcoholic drinks such as juices and smoothies. The proposed use is a quick service baked goods shop that anticipates a customer wait time of less than three minutes from customer order to receipt. Customers will order items from the service counter. No seating area or table service will be provided. Business hours are proposed to be 11A.M. to 10:00P.M. Sunday through Thursday and 11:OOA.M. to 11:OOP.M. on Friday and Saturday. 3. The premise has three parking spaces and is currently nonconforming to the parking requirement for the former laundry and cleaner service, a retail use, which requires one space for 250 square feet of gross floor area. 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 of parking demand will not occur and parking is adequate based on the retail parking standard: The business is appropriately classified as a `snack shop' in accordance with H.B.M.C. Section 17.04.050 because the establishment offers a limited menu of baked goods, it will not offer a seating area or wait -staff service, only nonalcoholic beverages will be provided. The establishment serves only ice-cream, baked goods and non-alcoholic beverages which are not full meals. The limited kitchen equipment/devices do not involve deep frying or cooking with open flame with minimal food preparation and storage areas are not conducive to preparation of full meals. Wait time for an order is expected to be less than three minutes. 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 with no additional parking because: A. Parking duration for each customer is short because the proposed use is a quick service baked goods and snack shop that anticipates a customer wait time of less than three minutes from customer order to receipt. The business is not providing a seating area therefore customers will not stay on the premise longer than the three minutes wait time for their orders. B. As a snack shop, with a limited menu and no seating area the proposed use is expected to generate a high proportion destination specific trips. It is expected to be a quick grab and go destination for people who are already visiting nearby businesses (restaurants, CVS, nail beauty services) along the commercial corridor where a stop at the business represents one of several stops during one trip along Pacific Coast Hwy. C. Based on the snack shop characteristic of the business and its location along the commercial corridor with public parking facility to the immediate west, the proposed use is not an intensification of the prior retail use with respect to parking demands. 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, use, and all necessary public services, access and facilities are available. Section 6. Based on the foregoing, the Planning Commission hereby approves Parking Plan 13- 3, subject to the following Conditions of Approval: 1. The floor plan shall be substantially consistent with the plan approved by the Planning Commission on June 18, 2013. No additional parking is required for this use as described in the June 18, 2013 plans. Minor modifications to plans required to comply with project conditions or codes may be approved by the Community Development Director. 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, (intermittent delivery of purchased goods), shall not serve full meals or have a kitchen capable of serving meals, no stove shall be provided, and prohibition on Type 1 range hoods, 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 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 furnishings, 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. B. The premises shall be maintained in a neat, clean, litter and graffiti -free manner at all times, and adequate trash and recycle containers shall be provided to within the 2 establishment to reduce litter and contaminants on the public right-of-way per Chapter 8.12. C. Polystyrene containers and drink ware shall not be used or provided. 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. 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. 5. 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. 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. 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.Allen,Flaherty,Hoffman,Perrotti,Chmn.Pizer NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Planning Commission Resolution 13-14 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 June 18, 2013. t ctary Ron Pfizer, Chairman, I, olw r1�w s June 18 2013 Date M