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Home My WebLink AboutPC Resolution 13-32 - (TA limited outdoor seating)RESOLUTION P.C. 13-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW LIMITED OUTDOOR SEATING ACCESSORY TO FOOD ESTABLISHMENTS ON PRIVATE PROPERTY IN SPECIFIED COMMERCIAL ZONES AND ZONES THAT ALLOW COMMERCIAL USES SUBJECT TO AN ADMINISTRATIVE PERMIT The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: SECTION 1. The Planning Commission held a duly noticed public hearing on October 15, 2013 to consider amending the Municipal Code regarding allow accessory outdoor seating at food establishments on private property in commercial zones including C-1, C-2 and SPA-11 (TEXT 13-3). SECTION 2. The Planning Commission of the City of Hermosa Beach hereby finds the proposed amendment contains sufficient safeguards to ensure the amendment is compatible with the City including location, design, parking, noise, control of alcoholic beverages, vehicle and pedestrian circulation, safety, lighting, and aesthetics, among others, and the administrative review process ensures the proposed use will conform to all standards, and otherwise a conditional use permit is required. SECTION 3. The project is Categorically Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines, Section 15311, Class 11 because the proposed use is an accessory use, the scale of the proposed use is very limited, and the opportunities to establish this use are limited due to the number of food establishments and small lot sizes in the applicable zones, the potential locations are comprised of developed urban lots, and the proposal does not have the potential for impacts such as neighborhood compatibility, parking, noise, litter, accessibility and aesthetics due to the standards applied to the use as documented the environmental negative declarations that were adopted for text amendments for limited outdoor dining in the C-3 and related zones and on the public right-of-way adjacent to all commercial zone including the subject zones, finding that the standards applied to limited outdoor seating in those locations alleviated any impacts, and further, that the activity already permitted in other zones has not caused any impacts or problems. SECTION 4. The Planning Commission hereby recommends City Council approval of the following amendments to the Hermosa Beach Municipal Code: 1. The use category "Outdoor seating, limited (accessory to food establishments on private property)" in the alphabetical list of uses in Section 17.26.030 of the Hermosa Beach Municipal Code is amended to read as follows: US11", C-1 C-2 C-3 ISee Section P P P 17.26.050(B)(6) 2. Subsection (B)(6) of Section 17.26.050 of Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: 17.26.050 Standards and limitations. (B)6. Limited outdoor seating for the purposes of food consumption, accessory to food establishments on private property, shall be allowed with approval of a permit from the Community Development Department, subject to the standards and limitations in this subsection. Food establishments include snack shops, restaurants, food and beverage markets, supermarkets, bakeries, or similar establishments that offer food or beverages, as determined by the Community Development Director. a. Administrative Permit Required_ i. Prior to the establishment of any limited outdoor seating area accessory to any food establishments on private property, an administrative permit shall be required pursuant to Chapter 17.55 except as otherwise stated in this section. An application shall be filed with the Community Development Department in writing upon a form furnished by the department. The application shall include a site plan and drawings and information showing the location, furnishings and seating arrangement in sufficient detail to demonstrate the compliance with this section, accompanied by a fee set by Resolution of the City Council. ii. The Community Development Director may issue the administrative permit only after determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code, provided that, where limited outdoor seatip, s comnis wd of seatingon irate aci �a�t aii�l the aililic rigl�l-of= d the taiiclai°ds is akalc iar limited outdoor sca ip on the wi ht-of=way in Section 12.16.0 0 �" shall govern on the private property. i-ii:� a--1--t�-•C�ii�rmrii�ity.... it��-ry-bo--npl ecl�wtl'~a�-l�lni�ri �-ia:--A . �--s�i1.1-1ie�-- � �i��g " 1�•-�--C, and . .1 . a� - err t 11i a rt st eaa.._. 1.0)..-.da ,. a t -t -h ar- F uriles.,-th l�ii ara i s - wai 1 1ii�ted--�c�.•rdterii�alwtiri---I n-wl�a�k�-tla�ppl�eat�.�iri-��-�thetui�a-dsm--set�'�rrr -�rra n r (B)(6)(b) f this seeti ,« i-v. iii. The permit shall lapse, and be of no force and effect, and a new administrative permit shall be required for outdoor seating whenever there is a change in food establishment ownership, change in the nature or scope of the business, the permitted food establishment does not operate for a period of more than six (6) months, or the Communily Development dDirector determines, based on substantial evidence, that the food establishment operation no longer meets the standards set forth in subsection (B)(6)(b) of this section. b. Standards and Limitations. The location, design and operation of the limited outdoor seating area shall comply with all of the following: i. Outdoor seating shall be incidental and accessory to food establishments for patrons of the food establishment to consume food or beverages purchased during the hours that food or beverages are offered for sale, but not to exceed 7:00 a.m. to 11:00 p.m. in the C-3 zone and zones tliat allow "-3 Li es or 7:000 a i to 10:00 ,ia°i. iii the other zcaiies where Ibis use ism ea°m tt d. Employee break areas physically separated and restricted from public use are regulated by subsection (B)(3) of this section above. ii. The outdoor seating area authorized by this subsection (B)(6) shall not exceed a total of two hundred (200) square feet of floor area per business or tenant space, and shall not contain more than one (1) seat per fifteen (15) square feet of area. Where the outdoor seating area is located on both miyate property and the public rialit-of-way, the cumulative outdoor seating area shall riot feel, ofiloor area an(I shall riot contain more than Sme L Y scat )er fifteen 5_CU ,) _ square feet of area. Seating shall not be reserved, and waiter/waitress table service shall not be provided. Additional parking is not required. iii. The outdoor seating area shall be located proximate to the business providing the seating, such as adjacent to the building, within courtyards, or on balconies or decks, excluding any roof deck. Outdoor seating areas shall not be arranged so as to create food courts. Outdoor seating areas shall not reduce, be located within, or damage any required landscaped area. iv. Alcoholic beverages shall not be offered, sold or consumed within the outdoor seating area. v. No entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unarnplified, shall be provided within the outdoor seating area or situated so as to be clearly visible to the outdoor seating area. vi. The location and use of the outdoor seating area shall not obstruct the movement of pedestrians, goods or vehicles; required parking spaces; driveways or parking aisles; entrances; legal signs; utilities or other improvements. A minimum four (4) foot wide pedestrian path shall be maintained, unless otherwise required by law. When located adjacent to parking spaces, driveways or parking lot aisles, a physical barrier such as curb or railing shall be provided. vii. Furnishings shall be strictly limited to chairs, benches and tables, and single pole table umbrellas designed for outdoor use. Extraneous objects, such as portable shade canopies, podiums, heat lamps, and service objects, are not allowed. All furnishings and barriers shall be maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles. viii. All furnishings shall be maintained in good condition at all times. The area shall be supplied adequate solid waste management containers and maintained in a neat and clean manner, free of litter and graffiti, at all times. ix. Any lighting provided for the use shall be extinguished no later than 11:00 p.m. in the C-3 zone and zones that, allow C-3 use g&qr 7:Q0 am. to tO:OO p.m. in lice other zqqes wLiere di 9 gee is permitted, and shall be high -efficiency, the minimum intensity necessary, fully shielded (full cutoff) and down cast (emitting no light above the horizontal plane of the fixture), not create glare or spill beyond the property lines, and the lamp bulb shall not be directly visible from within any residential unit. x. The use of water for cleaning the area shall conform to Chapter 8.56 Water Conservation and Drought Management Plan, and shall be minimized and any runoff generated shall drain to the sewer system only and shall under no circumstances drain to the stormwater system. xi. Noise emanating from the property shall be within the limitations prescribed by Chapter 8.24 and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. The outdoor seating area shall not adversely affect the welfare of the residents or commercial establishments nearby. xii. The design and use of the outdoor seating area shall conform to all building, fire, zoning, health and safety and other requirements of the Municipal Code and all other requirements of law. c. Conditional Use Permit. Any deviation from the standards listed in this subsection shall require a conditional use permit in compliance with Chapter 17.40. 3. Section 17.38.540 (SPA-11) of Chapter 17.38 of Title 17 of the Hermosa Beach Municipal Code is amended by adding "Outdoor seating, limited (accessory to food establishments on private property" to the alphabetical list of uses to read as follows: I cmablisl�qiear�t�m ff� ill w: gill P 17.26.050(B)(6) VOTE: AYES: Comms.Allen,Flaherty,Perrotti,Pizer,Chmn,Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 13-32 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 October 15, 2013. Pet an, Chairman Ken Rob&tson, Secretary October 15 2013 Date