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HomeMy WebLinkAboutPC Resolution 12-03 - (34 Pier, Ca. Bear Paws)P.C. RESOLUTION NO. 12-3 A. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO CLASSIFY A NEW FOOD ESTABLISHMENT (CALIFORNIA BEAR PAWS) AS A `SNACK SHOP' FOR PURPOSE OF CALCULATING PARKING REQUIREMENTS AT 34 PIER AVENUE, LEGALLY DESCRIBED AS LOTS 8,9 AND 10, BLOCK 12, 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 Stoikos Enterprises, LLC seeking approval for a Parking Plan to classify a new food establishment (California a Bear Paws) 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 12-1 on March 20, 2012, 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 C-2 which allows food establishments and reduction in parking requirements in accordance with a Parking Plan. 2. The applicant requests to convert a198 square foot retail space to a snack shop together with a outdoor patio on Pier Plaza consisting of 9 feet by 13 feet (117 square feet) with approximately 7 stools and counter. The applicant proposes to serve a limited menu of quick serve pastries and non-alcoholic drinks. The proposed use is a quick service pastry shop that anticipates a customer wait time of less than one minute from customer order to receipt. Customers will order their pastry from the take-out window and will have the option of sitting on the outside patio or exiting the property onto Pier Plaza. No table service will be provided. Hours are proposed to be between the hours of 8:00 a.m. and 2:00 a.m. on various days. 3. The premises has no parking and is currently nonconforming to the parking requirement of one space for the existing retail use. 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 parking demand will not occur and parking is adequate based on the retail parking standard: The business is appropriately classified as a `snack shop' per H.B.M.C. Section 17.04.050 because the establishment is comprised of less than 200 square feet interior and 177 square feet exterior with less than 10 seats, it will not offer sit-down table service or wait -staff service, only nonalcoholic beverages will be provided, the kitchen area and menu are limited. Although the Health Department requires a Type 1 hood for proper ventilation of single -purpose flyers with attached hood, no stove will be used. Wait time for an order is expected to be less than one minute. The establishment serves only pastries and non-alcoholic beverages which are not full meals, and the size of the tenant space and minimal food preparation and storage areas and devices are not conducive to preparation of full meals. 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 and pursuant to Section 17.44.040(D) and 17.52.035(D) the retail use of this building can be continued with no additional parking because: A. Parking duration for each customer is short because the proposed use is a quick service pastry shop that anticipates a customer wait time of less than one minute from customer order to receipt. Although a minimum number of seats are provided for the convenience of the customer, in many cases the customer will take their food to go. B. As a snack shop, with a limited menu and seating area the proposed use is not a destination business and does not generate a high number of single purpose trips. It is expected to be a walking destination for people who are already in the downtown where a stop at the business represents one of several stops during one visit to the downtown. It is unlikely that customers will drive to the establishment especially when parking is at premium since there are other establishments that provide similar snacks in the area. C. Based on the above, the proposed use is a continuation of the prior retail use with respect to parking requirements. While the proposed use is expanding by 117 square feet over the prior use consisting of an outdoor patio, per Sections 17.44.040(D) and 17.52.035(D) parking for existing buildings legally nonconforming to parking is required only for the expansion area, and an increase from 198 to 315 square feet does not increase the requirement for parking because there is a credit of one space and Municipal Code Section 17.44.180 allows any resulting fraction less than one-half to be disregarded. 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, only 315 square feet of space, use, and all necessary public services, access and facilities are available. Section 6. Based on the foregoing, the Planning Commission hereby approves Parking Plan 12- 2, subject to the following Conditions of Approval: 1. The floor plan shall be substantially consistent with the plan approved by the Planning Commission on March 20, 2012. No additional parking is required for this use as described in the March 20, 2012 plans. Minor modifications to the plans required to comply with project conditions or codes may be approved by the Community Development Director. A minimum of 6 seats and not more than 15 seats shall be provided in the outdoor patio area. 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 except in conjunction with fryers (microwave may be used), 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. 0) A. The applicant shall obtain and maintain compliance with an encroachment permit issued by the Department to Public Works for outdoor dining limited on Pier Plaza in compliance with Municipal Code Chapter 12.16. B. 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 snack bar 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. C. 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 establishment to reduce litter and contaminants on the public right-of-way per Chapter 8.12. Adequate trash and recycle containers shall be provided for customer use within the outdoor patio. 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. 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 the Certificate of Final Occupancy. 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,Hoffman,Pizer,Chmn.Perrotti NOES: None ABSTAIN: None ABSENT: Comm.Darcy CERTIFICATION I hereby certify the foregoing Planning Commission Resolution 12-3 is a true and action taken by the Planning Commission of the City of Hermosa Beach, Califoym of March 20, 2012.10 - ,e Sam Perrotti, Chairman K , Secretary March 20 2012 Date ,te record of the regular meeting 0