HomeMy WebLinkAboutPC Resolution 13-30 - (719 Pier, HB Fish Shop)P.C. RESOLUTION 13-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT TO ALLOW ON -SALE BEER AND WINE IN
CONNECTION WITH A RESTAURANT WITH AN OUTDOOR PATIO,
MODIFY OPERATING HOURS TO 10:00 A.M. TO 11:00 P.M. DAILY,
EXPAND THE OUTDOOR PATIO BY APPROXIMATELY 45 SQUARE FEET,
AND AMEND THE FLOOR PLAN; AND DETERMINE THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; AND DENYING A REQUEST FOR
OUTDOOR SPEAKERS AND TELEVISIONS OR SIMILAR DEVICES ON
AND VISIBLE FROM THE OUTDOOR DINING AREA; FOR A NEW
BUSINESS (HERMOSA BEACH FISH SHOP) AT 719 PIER AVENUE,
LEGALLY DESCRIBED AS A PORTION OF LOT 1, TRACT 9204 AND LOTS
11 TO 18 INCLUSIVE, BLOCK 80, SECOND ADDITION HERMOSA BEACH,
CITY OF HERMOSA BEACH, CALIFORNIA.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Brian and Vera Herlihy, Eric Leitstein, William
Ramirez, Doug Sondomowicz, Pier Ave Fish Co., LLC (DBA Hermosa Beach Fish Company),
Jennifer Davis, C/O Pacific Bookkeeping Service, Inc., 336 Oxford Street, Suite 110, Chula Vista, CA
91911 on property owned by Regency Centers Corporation requesting approval of Conditional Use
Permit (CUP) Amendment (13-6) to allow on -sale beer and wine in connection with a restaurant with
an outdoor patio from 10:00 a.m. to 11:00 p.m. daily, expand the existing outdoor dining patio by
approximately 45 square feet, allow open-air dining, amend the floor plan, and allow outdoor speakers
and televisions or similar devices on and visible from the outdoor dining area, in conjunction with a
new restaurant (Hermosa Beach Fish Shop) within an existing commercial building at 719 Pier Avenue
within the Plaza Hermosa Shopping Center.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider said
application on August 20, September 17 and October 15, 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:
1. The Plaza Hermosa Shopping Center is zoned Specific Plan Area No. 8. Zoning adjacent to the
shopping center includes R-3 and SPA-8 to the north; Mobilehome Park, C-2 and SPA-11 to
the west; SPA-8 to the east; and Open Space (civic center) to the south.
2. The existing business (The Counter) is authorized to provide beer and wine by right in
connection with a restaurant pursuant to Section 17.26.060 (Restaurants with On -Sale
Alcoholic Beverages Limited to Beer and Wine, Closing at 10:00 p.m. or Earlier — Standards
and Limitations) and outdoor dining patio authorized by a Conditional Use Permit per City
Council Resolution 11-6739 which restricts hours of operation within the building and on the
outdoor patio to 11:00 a.m. to 10:00 p.m. daily, and does not allow media or any type in the
outdoor patio area.
3. The applicant proposes to establish a new business, the Hermosa Beach Fish Shop, and
requests a Conditional Use Permit Amendment to allow on -sale beer and wine from 10:00 a.m.
to 11:00 p.m. daily within the restaurant and outdoor patio, allow open air dining created by
installing operable windows or rolling doors, expand the existing 1,000 square foot outdoor
patio by 45 square feet in order to install a decorative heating element, amend the floor plan by
eliminating the bar area and providing a seafood display case in its place, and to allow outdoor
speakers and televisions or similar devices on and visible from the patio. Seating would be
reduced from the existing 149 seats to 128 seats (64 interior and 64 on outdoor patio). On
October 15, 2013 the applicant clarified that they would replace the plexi-glass barrier around
the patio with a new plexi-glass barrier rather than a railing, and install operable windows and
not rolling doors on the south facing fagade and therefore the project is no longer proposing
open air dining.
4. The existing business is governed by a Parking Plan that allows less than required parking
using shared parking within the commercial complex (Plaza Hermosa Shopping Center)
pursuant to Planning Commission Resolution 11-4. The proposed 45 square foot expansion of
the outdoor patio does not trigger any change in parking requirement and parking
characteristics will not changes; therefore, an amendment to the Parking Plan is not required.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings and hereby denies the component of the request for a Conditional Use Permit
amendment to allow nine (9) televisions and three (3) ambience speakers on and visible from the
outdoor patio, pursuant to H.B.M.C. Section 17.40.020(A) and (K).
The installation of televisions or similar devices in the outdoor patio and ambience speakers on the
outdoor patio may serve as an attraction to persons who are not patrons or loitering of patrons in the
parking lot resulting in noise, disruptions and adverse behaviors, and cumulative impacts to the City
resulting from the concentration of on -sale establishments in the downtown area as well as the PCH
corridor in the near vicinity. The proliferation of televisions or similar devices at on -sale
establishments especially in the later night hours tends to create a focus on activities other than
restaurant use. The Council has adopted a late -night ordinance in Section 17.40.080(B) which
restricts the introduction or intensification of on -sale establishments open after 11:00 p.m.,
reflecting a determination that late -night establishments tend to focus on alcohol or nightclub
activity and create greater impacts. Conversely, restaurants with on -sale beer and wine and limited
televisions are permitted to stay open until 10:00 p.m. and experience shows that these
establishments have not created impacts. The allowance for later hours after 11:00 p.m. or
outdoor/open air dining requires a conditional use permit to carefully evaluate potential impacts on
a case by case basis and ensure they are mitigated.
Potential impacts can be reduced by disallowing media on the exterior to the building or within clear
view of the patio. This prohibition is consistent with City policy as reflected in the application of CUP
conditions applying a prohibition on media on outdoor patios or within the front of restaurants with
open air dining or clearly visible from outdoor patios.
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Section 5. 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 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, excluding provision of media on and clearly
visible from the outside dining patio:
A. Impacts to existing residential uses: The applicant proposes to extend hours of operation from
11:00 a.m. to 10:00 p.m. daily, to 10:00 a.m. to 11:00 p.m. daily and installation of televisions and
speakers. The amended floor plan will eliminate the bar and all bar seating and seating inside and
outside will be reduced from 149 seats to 128 seats. Continued operation as a bona fide restaurant
with 65/35 food to alcohol sales ratio is required per code. The enlargement of the outdoor patio is
not likely to create adverse impacts because the 45 square foot addition at the southwest corner
consists of a decorative heating element with no additional seating. To reduce possible lighting
impacts, a condition of approval requires any new or modified lighting be full -cut off or
shielded, downcast, of minimum intensity and, with the exception of low intensity security
lighting, be turned off between 11:00 p.m. and dawn.
Noise will not be significant due to application of Municipal Code Section 8.24.040(A) and 8.24
040(I). Maintaining the prohibition on media on the outdoor patio will assist in ensuring noise
impacts do not occur.
B. Impacts to sensitive uses such as churches, schools, hospitals and public playgrounds: The use
is 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.
C. Impacts to off-street parking facilities and streets, and distance of parking from the proposed use:
The existing business is governed by a Parking Plan that allows less than required parking using
shared parking at the Plaza Hermosa Shopping Center. The proposed expansion of the outdoor
patio by 45 square feet does not trigger an increase in parking requirements and the extension of
hours from 10:00 p.m. to 11:00 p.m. will not conflict with the availability of parking. Therefore, an
amendment to the Parking Plan is not required.
D. Impacts of business -generated traffic volumes and the size of streets serving the area: The
existing use (restaurant with on -sale beer and wine) has operated since 2011 without impact and
the traffic characteristics of the proposed use are expected to be essentially the same and are not
anticipated to impact traffic or circulation.
E. The combination of uses proposed, and the concentration and number of similar establishments or
uses within close proximity to the proposed establishment: The proposed restaurant use with on -
sale beer and wine until 11:00 p.m. daily and outdoor dining is generally compatible with other
uses in the shopping center, which consist of retail, financial, and food establishments. Upper Pier
Avenue is comprised of a mix of commercial uses including 11 on -sale alcohol establishments that
have CUPs or are allowed by right; four must currently close by 11:00 p.m., four must close by
10:00 p.m. and three late -night establishments. While the project has a Pier Avenue address, the
shopping center and project site are near the Pacific Coast Highway intersection and thus on -sale
establishments in the vicinity along PCH are also considered; there are three such on -sale
establishments, two of which are late -night establishments. Two other large on -sale
establishments in the vicinity have been effectively eliminated (the CUP for Brix 1601 on
Pacific Coast Highway has been abandoned and Club 705 appears to be transitioning to a
service -related use). The City's parking requirements are an effective constraint to conversion
of snack shops or other uses to alcohol -serving establishments. The late -night ordinance in
Section 17.40.080(B) restricts the introduction or intensification of on -sale establishments open
after 11:00 p.m. reflecting a determination that late -night establishments tend to focus on
alcohol or nightclub activity and create greater impacts. Allowing on -sale establishments to
remain open until 11:00 p.m. also supports the resident -serving objectives for Upper Pier
Avenue, by providing choices for residents to enjoy an evening of dining in the city, removed
from the livelier atmosphere of Pier Plaza. The City has also adopted a 19-point plan to engage
the businesses coupled with enforcement to reduce impacts in the downtown.
F. Impact of the proposed use to the city's infrastructure and/or services: The proposed restaurant
with on -sale beer and wine and outdoor dining is similar to the current use. Existing
infrastructure and services are not anticipated to be impacted.
G. The proposed exterior sign and decor, and the compatibility thereof with existing establishments
in the area: New operable windows would be installed along the south facing wall adjacent to the
outdoor dining area; the revised proposal to eliminate rolling doors will not create open-air dining
inside the restaurant. The exterior modifications will be required to comply with the Zoning Code,
Building Code, and Department of Alcohol beverage Control standards. Signage must comply with
Section 17.50.140 of the Sign Code.
H. Precautions taken by the owner or operator of the proposed establishment to assure the
compatibility of the use with surrounding uses: No special provisions have been proposed.
I. Noise, odor, dust and/or vibration that may be generated by the proposed use: Noise is
addressed under previous items and the project is conditioned to reduce noise impacts.
J. 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: None were identified.
Section 6. The project is Categorically Exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines 15301(a) because the project involves minor alterations
primarily within an existing building and urbanized site and area with availability of services.
Section 7. Based on the foregoing, the Planning Commission hereby approves Conditional Use
Permit Amendment 13-4 to allow on -sale beer and wine in connection with a restaurant with an
outdoor patio, expand the existing outdoor dining patio, and amend the floor plan, subject to the
following Conditions of Approval:
1. The use consisting of a restaurant with on -sale beer and wine shall be substantially
consistent with submitted plans reviewed by the Planning Commission on October 15,
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,
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or which alters the primary function of the business, shall be reviewed and approved
by the Planning Commission.
a. The expansion of the outdoor patio is for a decorative element and said element
shall not involve seating.
b. The large operable windows on the south elevation shall be limited to the
location shown on the submitted plans.
2. The hours of operation shall be limited to 10:00 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.
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.
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.
4. 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.
b. Alcoholic beverages 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 removing alcoholic beverages from the restaurant and 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.
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5. A six (6) foot high solid plexi-glass barrier shall be installed and permanently
maintained on the outdoor patio compliant with Department of Alcohol Beverage
Control standards. Ingress and egress shall not be permitted directly from the patio to
the sidewalk.
6. Occupancy of the outdoor dining area shall be limited to customers of the
establishment.
7. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
8. Noise emanating from the outdoor patio area and the property shall be within the
limitations prescribed by the City's noise ordinance and shall not create a nuisance to
surrounding residential neighborhoods, and/or commercial establishments. 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.
9. The business shall prevent loitering, unruliness and boisterous activities of the patrons
outside the business, within the parking lot of the Plaza Hermosa Shopping Center, 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 parking lot and all landscaping and associated facilities that are the responsibility
of the tenant, if any, shall be well -maintained and in compliance with the Municipal
Code.
13. The building modifications 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 prior to issuance of the
Certificate of Final Occupancy.
14. No structures or 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.
15. Solid waste facilities/containers adequate for the use and fully screened in compliance
with Municipal Code Section 8.12.220 shall be provided.
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16. This approval is contingent upon maintenance of parking operations in compliance
with the Parking Plan 11-1 (P.C. Resolution 11-4).
17. All exterior lighting shall be down cast, fully shielded and illumination shall be
contained within the property boundaries. Lighting shall be energy conserving and
motion detector lighting shall be used for all lighting except low-level (3 feet or less in
height) security lighting and porch lights. Lamp bulbs and images shall not be visible
from within an onsite or offsite residential unit. Exterior lighting shall not be deemed
finally approved until 30 days after installation, during which period the building
official may order the dimming or modification of any illumination found to be
excessively brilliant or impacting to nearby properties.
a. Excluding low intensity security lighting, all exterior lighting shall be turned off
between 11:00 p.m. and dawn.
18. 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. Interior: Not more than four (4) televisions, electronic, video, projection or
similar visual displays, oriented to the interior and not the exterior of the
building, shall be located within or visible from any area designated for
alcoholic beverage service and its consumption on the approved floor plan and
seating plan as determined by the Community Development Department.
b. Outdoor Patio: No televisions, electronic, video, projection or similar visual
displays or devices shall be allowed in the outdoor dining patio area or in any
area clearly visible from the outdoor patio as determined by the Community
Development Department. No entertainment, live entertainment per Municipal
Code Section 17.04.050, speakers, amplified music or similar media are allowed
in the outdoor patio area.
c. Interior: 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 Municipal Code Section 17.04.050, and customer dancing is
prohibited. Any such acoustic musicians shall not be located within ten (10) feet
from the perimeter of the interior of the building.
19. 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.
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20. The establishment shall not use polystyrene take-out containers, which may or may not
be identified with a "No. 6" or "PS" recycle code.
21. 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.
22. 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.
23. 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.
24. 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.
25. City Council Resolution 11-6739 is hereby rescinded and is null and void.
26. 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.
27. 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.
28. 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 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 shall be recorded, and proof of
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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.
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 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. Allen, Flaherty, Perrotti, Pizer, Chmn. Hoffman
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 13-30 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
__AA- etober 15, 2013.
Peter flol 'in Chairman �,; " '16 son, Secretary
Qctc)ber...l -- 2013
Date
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