HomeMy WebLinkAboutPC Resolution 13-20 - (425 Pier Av)P.C. RESOLUTION 13-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT TO CHANGE THE HOURS OF OPERATION TO
ACCOMMODATE BREAKFAST DINING, ALLOW OUTDOOR AND OPEN
AIR DINING, AND AMEND THE FLOOR PLAN, IN CONJUNCTION WITH A
RESTAURANT WITH ON -SALE BEER AND WINE AT 425 PIER AVENUE
(REPLACING BUONA VITA PIZZERIA); AND SUPERSEDING BOARD OF
ZONING ADJUSTMENT RESOLUTION 154-382; AT 425 PIER AVENUE,
LEGALLY DESCRIBED AS LOT 25, HISS SECOND ADDITION TO HERMOSA
BEACH, 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 requesting approval of Conditional Use
Permit Amendment 13-4 to change the hours of operation from 11:00 a.m. to 11:00 p.m.
daily to 7:00 a.m. to 11:00 p.m. daily to accommodate breakfast dining, add open air
dining, and to amend the floor plan in order to establish a new restaurant under new
ownership with beer and wine in place of an existing restaurant with beer and wine at 425
Pier Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider said application on July 16, 2013 at which time testimony and evidence, both
written and oral, was presented to and considered by the Planning Commission.
Section 3. Based on the evidence received at the public hearing, the Planning
Commission makes the following factual findings:
The site is zoned Specific Plan Area No.11 which aims to provide a
pedestrian -oriented environment.
2. The existing business operates under Conditional Use Permit 154-382
approved by the Board of Zoning Adjustment on October 20, 1980. Existing
hours of operation are 11:00 a.m. to 11:00 p.m. daily and are proposed to be
modified to 7:00 a.m. to 11:00 p.m. daily to accommodate breakfast dining.
The applicant proposes to modify the existing tenant space by redesigning the
facade by demolishing a portion of the roof at the front of the building and
creating an outdoor patio with wrought iron rail and installing according door
across the fagade thereby creating open air dining consistent with the
pedestrian oriented standards of Specific Plan Area No. 11; redesigning the
counter seating against the westerly wall (11 seats total); provide booth
seating along the easterly wall; and redesign of the storage area in the back of
house. Occupant load will remain at 49 persons.
Section 4. Based on the foregoing factual findings, the Planning Commission
makes the following findings for a Conditional Use Permit amendment pursuant to
H.B.M.C. Section 17.40.020, and incorporating 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: Residential zoning and residences are
located to the rear of the site as well as across Pier Avenue. The residences
located to the rear of the lot are separated from the restaurant by an alley (Oak
Street) and a significant downward grade. The project is conditioned on a
maximum of two televisions, monitors or similar devices consistent with
standards in Section 17.26.060. The project is also 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 or closer than 10 feet from the facade (accordion doors), similar to
standards for other existing outdoor dining establishments. The earlier
requested opening time of 7:00 a.m. is not anticipated to pose noise or
disturbances. Conditions requiring an 11:00 p.m. closing time, an occupant
load of 49 persons, and compliance with the 65/35 food to alcohol sales ratios
along with other restrictions ensure impacts will be insignificant.
B. Adequacy of off-street parking facilities and streets, and distance of parking
from the proposed use: The existing restaurant is nonconforming to parking.
The proposed modifications will maintain the existing use and will not
increase floor area; therefore, parking will not be affected.
C. Location of and distance to churches, schools, hospitals and public
playgrounds: The proposed modifications are not likely to affect Valley
View School, the Community Center, or other parks or similar uses in the
vicinity 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 proposed project is located in the Specific Plan Area No. 11 which aims
to create pedestrian oriented commercial development that attract and serve
residents and visitors. The proposed project, including the open front facade
and outdoor dining and open air dining, is consistent with the pedestrian -
oriented `seaside village' design guidelines of the SPA- 11 zone which
encourage the facade of the building and the interior to be highly visible and
inviting to pedestrians.
On -sale establishments on Upper Pier Avenue
..
Name License Closet Time mm...
CrBme De La Crepe Beer/Wine 10 p.m. (CUP for outdoor d
New Orleans Cajun Beer/Wine 10 p.m. (No CUP; by right)
Cafd
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The Counter
Beer/Wine
........
10 00 m daily (CUP for outdoor dining)
Thai Top._..._._._._
Beer/Wine
10:00 p.m. daily (CUP for outdoor dining)
Buona Vita Trattoria
Beer/Wine
11:00 p.m. daily (CUP)
Rockefeller
Beer/Wine
11:00 p.m. daily (CUP for open air dining and
ceasealcohol service by 10:00 p.m.)
Fritto M
Beer/Wine
11:00 gym. daily (CUP)
Buona Vita Pizzeria',
Beer/Wine
1100 p.m. daily (CUP)
Hibachi
General
12:00 a.m. Sun-Thurs; 1:00 a.m. Fri. -Sat.
(CUP) ....
Abigaile
General
1:00 a.m. daily (CUP)
Club 705 (closed)
General
._ 12:00 a.m, daily (CUP)
Jackson's Bistro
Beer/Wine
2:00 a.m. (Converted to office space)
(Closed)
Since the restaurant is proposing to extend hours to accommodate breakfast
dining and will maintain the current closing time of 11:00 p.m. the City's `No
Intensification' code in Section 17.40.080(B) does not apply. However, the
proposed floor plan modifications and addition of outdoor and `open air'
dining could increase adverse behavior and impacts to the surrounding
properties and as such the project is conditioned to reduce the potential for
impacts to surrounding properties.
E. Precautions taken by the owner or operator of the proposed establishment to
assure the 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 previously mentioned in item A, the project has been conditioned to limit
televisions to two (2) total and prohibiting television and other similar
equipment from being located within the outdoor patio or closer than 10 feet
from the building fagade (accordion doors). These conditions, among others,
will ensure noise impacts are insignificant.
G. Impact of the proposed use to the City's infrastructure, and/or services:
Dating back to the original CUP approval in 1980, the tenant space has housed
restaurants of similar size and operation. Existing utilities and services will be
sufficient 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 5. The project is Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15301(a) because the
project consists of interior modifications involving no expansion of use beyond what
existing previously.
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Section 6. Based on the foregoing, the Planning Commission hereby approves
Conditional Use Permit Amendment 13-4 subject to the following Conditions of
Approval:
1. The use consisting of a restaurant with on -sale beer and wine and `open
air' dining shall be substantially consistent with submitted plans reviewed
by the Planning Commission on July 3, 2013 and as required by project
conditions. Minor modifications to the floor plan shall be reviewed and
may be approved by the Community Development Director. Any
substantial deviation to the floor plan or seating arrangement or
intensification of use, or which alters the primary function of the
business, shall be reviewed and approved by the Planning Commission.
2. The hours of operation shall be from 7:00 a.m. to 11:00 p.m. daily, at
which time all customers shall vacate the premises and the doors shall be
locked.
3. 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 menu;
food service from the menu shall be available during all hours that the
establishment is open for business; a minimum of sixty-five (65) 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.
4. The City shall have the right during business hours upon 15 days notice
to inspect the books and records of the applicant to determine the gross
sales of food and/or the gross sales of alcoholic beverages. Food shall
include the sale of beverages other than alcoholic beverages.
5. Upon request at the time the City inspects the books and records of the
applicant, the applicant shall submit to the City copies of all records
submitted to the State Board of Equalization for the purposes of verifying
the applicant's books and records, with the understanding that these
reviews are confidential.
6. The provision of alcoholic beverages shall be limited to beer and wine and
comply with the following:
a. All alcoholic beverages shall be served in non -disposable drink
ware.
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b. Alcoholic beverage shall be served or allowed only during hours
when food (other than snacks such as pretzels or nuts) is served.
c. No beer or wine shall be provided "to go".
d. Signs shall be posted in a conspicuous location warning patrons of
the illegality of consuming alcoholic beverages in any public place.
e. Signs shall be posted complaint with H.B.M.C. Section 8.48.060
Alcoholic beverages --Warning signs.
7. A property line railing/guard shall be installed and permanently
maintained on the outdoor patio complaint with Department of Alcohol
Beverage Commission standards. Ingress and egress shall not permitted
directly from the patio to the sidewalk.
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. If the operation of the establishment poses a risk of harm to persons or
property, the Police Chief may direct the presence of a police approved
doorman and/or security personnel to eliminate the problem, at the
owner/operators expense. 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. The exterior of the premises shall be maintained in a neat and clean
manner, and maintained free of graffiti at all times.
12. The business shall comply in all other aspects with Municipal Code
Chapter 8.24 (Noise Control) and noise from the premises shall not
constitute a public nuisance.
a. The rear door to the restaurant shall be maintained in a closed
position at all times during business operations to reduce noise
transmission.
b. The volume on any audio devices or speakers shall be turned off
after 10:00 p.m. each night. Air conditioning shall be installed to
facilitate implementation of this condition.
c. Not more than two (2) televisions, electronic, video, projection or
similar visual displays shall be located within ten (10) feet from the
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faVade (accordion doors) or visible from any area accessible to
customers.
d. Seating at the designated counter shall not exceed eleven (11)
seats. No stand up bar shall be allowed.
13. Live entertainment (including but not limited to amplified music, disc
jockeys, live music whether acoustic or amplified, and live performances
of all kinds), excluding two acoustic musicians providing background
music as allowed by the Municipal Code, and customer dancing is
prohibited. Such acoustic musicians shall not be located within ten (10)
feet from the fagade (accordion doors).
14. The practice of washing and rinsing restaurant floor mats, tables,
equipment, etc., or discharge of any liquids, other than stormwater, onto
the public right-of-way, into the parking lot drain or storm drains, is
strictly prohibited. Discharge of liquids or wash water shall be limited to
the sanitary sewer. Designation of a mop sink and provision of a grease
trap shall be provided as required by the Public Works and Building
Division.
15. The establishment shall not use polystyrene take-out containers, which
may or may not be identified with a "No. 6" or "PS" recycle code.
16. A manager who is aware of the conditions of this conditional use permit
shall be on 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. Exterior and interior water use shall comply with H.B.M.C. Section 8.56.
Proof of compliance with water conserving devices shall be provided.
19. The project shall comply with all requirements of the City Building, Fire,
and Public Works Departments and maintain conformance with all other
applicable City of Hermosa Beach and regulatory agency requirements
and standards, including but not limited to: California Coastal
Commission, 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). City
requirements may include but not be limited to designation of a mop sink
and installation of a grease interceptor.
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20. This resolution shall supersede Board of Zoning Adjustment Resolution
154-382 which shall be of no further force or effect.
21. 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.
22. 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.
23. 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
Amendment 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
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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.
VOTE: AYES: Comms.Allen,Flaherty,Perrotti,Pizer,Chmn.Hoffman
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 13-20 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 July 16, 2013.
Peter'I 01 n Chairman
July 16, 2013
Date
Ken 1oertson, Secretary
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