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HomeMy WebLinkAboutPC Resolution 13-27 - (1246 Hermosa)P.C. RESOLUTION NO. 13-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO CLASSIFY A NEW FOOD ESTABLISHMENT (PARADISE BOWLS) AS A `SNACK SHOP' FOR THE PURPOSE OF CALCULATING PARKING REQUIREMENTS AT 1246 HERMOSA AVENUE, LOTS 6 AND LOT 7 BLOCK 34, LEGALLY DESCRIBED AS FIRST ADD 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 by Alex Graham of Paradise Bowls, LLC seeking approval of Parking Plan 13-4 to classify a new food establishment (Paradise Bowls) as a `snack shop' for the purpose of calculating parking requirements. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Parking Plan on September 17, 2013, at which time the 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: The site is zoned C-2 Restricted Commercial, which allows food establishments and reduction in parking requirements in accordance with a Parking Plan per Hermosa Beach Municipal Code Section 17.40.050. 2. The applicant requests to convert a 1,124 square foot retail space to a snack shop. The applicant proposes to serve a limited menu of breakfast items that includes bowls of blended fruit with granola, oatmeal, fruit smoothies, and non-alcoholic drinks. The proposed use is a quick service breakfast bowl shop. Customers will order and receive food at the point -of -sale counter inside the building and may sit at tables with 14 available seats or take the food to go. No wait staff service will be provided. 3. The tenant space consists of 1,124 square feet, with the front portion of the space acting as the customer area with tables, chairs and a point of sale counter and the rear portion acting as the back of house, complete with food preparation tables, freezers, refrigerators, wash sinks, blenders, a restroom, and storage. 4. The proposed hours of operation are 7:00 a.m. to 7:00 p.m. Monday through Saturday and 8:00 a.m. to 6:00 p.m. on Sunday. The applicant indicates the business will have 4-6 employees at peak times. Peak hours for the proposed use are anticipated to be during the morning and the early afternoon. Similar to other uses in the downtown area, the proposed business may experience its greatest demand on summertime days when visitor numbers increase. 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, an increase in 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 establishment (1) will have fewer than 25 seats, (2) will not provide wait -staff service, (3) the menu is limited in variety and alcoholic beverages will not be provided and wait time for food is minimal, and (4) the kitchen will not be capable of providing full meals because only one heat related cooking item is proposed (oatmeal cooker/warmer); no cooking range or oven is proposed, and the menu items are served primarily uncooked. 2. Pursuant to H.B.M.C. Section 17.44.030(0) and 17.44.210, the downtown area retail commercial parking standard (four spaces per 1,000 square feet of gross floor area) is appropriate for this use and pursuant to Section 17.52.035 the existing nonconforming downtown area retail parking standard for this building may be continued with no additional parking because: A. Parking duration for each customer is short because the proposed use is a quick service food establishment. Although some seats are provided, it is anticipated that many customers will take their food to go. B. As a quick serve business, the proposed use is not anticipated to be a destination business and is not anticipated to generate a significant number of single purpose trips. It is expected to be a destination for people who are already in the downtown area where a stop at the business represents one of several stops during a visit to the City. C. Based on the above, the proposed use is a continuation of the prior retail use with respect to parking requirements and is not an expansion of the prior use. Under Section 17.52.035(D), no additional parking is required. Section 5. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15301 Class l(a) on the basis that the existing 1,124 square foot tenant space will be converted from retail to a snack shop use. Section 6. Based on the foregoing, the Planning Commission hereby approves Parking Plan 13-4, subject to the following Conditions of Approval: 1. The floor plan shall be substantially consistent with the plan approved by the Planning Commission on September 17, 2013. Minor modifications to the plans required to comply with project conditions or codes may be approved by the Community Development Director. 2. The seating area shall be limited to the area shown on the floor plan, not to exceed 25 seats, including any potential outdoor seating encroachment that may be granted. 0) 3. The use shall comply with the requirements of a `snack shop' 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); a limited menu without full meals; a kitchen not capable of serving full meals; no cooking range or oven; and no alcoholic beverages are allowed. 4. 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. 5. The use shall comply with all requirements of Chapter 8.44 and shall also include the following: a. The runoff from washing and/or rinsing of 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. 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 within the establishment to reduce litter and contaminants on the public right-of-way per Chapter 8.12. c. Polystyrene containers and drinkware shall not be used or provided. 6. The improvements and operation shall comply with all requirements of the Municipal Code, including but not limited to the C-2 zone, provision of solid waste facilities/containers adequate for the use and fully screened in compliance with Municipal Code Section 8.12.220, water conservation requirements in Chapter 8.56, food facility inspections in Section 8.04.030, and sign regulations in Chapter 17.50 and 17.38. 7. No elements associated with the use or its construction shall encroach onto the public right-of-way without written permission from the City of Hermosa Beach, including issuance of an Encroachment Permit if required. 8. 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 not in full compliance shall be a violation of these conditions. 9. 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 a Building Permit. 3 10. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements of 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 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 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,Perrotti,Pizer,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None C! CERTIFICATION I hereby certify the foregoing planning Commission Resolution 13-27 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 September 17, 2013. w 1 tet �. � 11 iim, Chairman , ��.� „ �o� ,, Secretary September 17, 013 Date