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HomeMy WebLinkAboutPC Resolution 12-10 - (1120 Hermosa, Street Tacos) 1 P.C. RESOLUTION NO. 12-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO CLASSIFY A NEW FOOD ESTABLISHMENT (STREET TACOS GOURMET TACO STAND) AS A ‘SNACK SHOP’ FOR PURPOSE OF CALCULATING PARKING REQUIREMENTS AT 1120 HERMOSA AVENUE, LEGALLY DESCRIBED AS LOT 9, BLOCK 35, FIRST 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 on May 15, 2012 by Tyler Swift and Nick Fontova seeking approval of a Parking Plan to classify a new food establishment (“Street Tacos Gourmet Taco Stand”) 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 Parking Plan 12-5 on June 19, 2012, at which time the Staff Report, 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 restaurants and snack shops, and reduction in parking requirements for snack shop use may be considered in accordance with a Parking Plan per H.B.M.C. Section 17.40.050. 2. The applicant requests to convert a 1,600 square foot retail space (currently “Greekos Sandals”) at 1120 Hermosa Avenue to a snack shop. The proposed use is a quick serve food establishment with a limited menu of tacos and condiments and non-alcoholic drinks that anticipates a customer wait time of less than one minute. Customers will order and receive food at the point of sale counter inside the building and may sit at tables with 16 seats or take food to go. No wait staff service will be provided. 3. The tenant space consists of 1,600 square feet on the ground floor; 390 square f eet is accessible to customers and the remainder is back of house, employee restroom, existing stairwell and storage. The lease area also includes an existing second floor accessed via internal stairs at the rear of the tenant space. This minimally improved second floor extends over the entire 1,600 square foot lease space. It is unclear whether the second floor was permitted over the length of the building; a site visit by City staff in May 2012 indicated the space is currently used for an office, storage, and unpermitted kitchen and living quarters.1 The applicant proposes to open up the ceiling of the ground floor and eliminate approximately 1,200 of the second floor including the living quarters, retaining 400 square feet at the rear of the building; this area will not be accessible to patrons and may be used for excess storage if needed. 4. The tenant space also includes a garage accessed from Palm Drive at the rear of the property, with parking spaces nonconforming to length, width and turning radius. The applicant indicates 3 vehicles can be parked; calculating this space as 2 parking spaces would resolve width/turning radius nonconformities. No change to this nonconforming parking is proposed. 5. The proposed hours of operation are 11:00 a.m. to 2:00 a.m. on various days, depending on seasonal trends. The applicant indicates the business will have 2 to 3 employees at peak times. Peak hours for the proposed use may tend to be around meal times, but a substantial percent of customers may visit the 1 The first record is for a store in 1946. A note added to a city record references a mezzanine in 1964. City records as early as 1970 indicate past enforcement action(s) related to unpermitted kitchen and living quarters on the second floor. 2 business throughout the day and well into the evening, beyond retail hours. Similar to the existing use, 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 intensification 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 preparation area is of small scale, will be limited to pre-cooked/frozen items that require warming and assembly, and no cooking range will be provided. 2. Pursuant to H.B.M.C. Sections 17.44.030(O) 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 17.52.035 the retail parking 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 that anticipates a customer wait time of less than one minute from customer order to receipt. Although some seats are provided for the convenience of the customer, it is anticipated that many customers will take their food to go. B. As a quick serve business, the proposed use will not be a destination business and is not anticipated to generate a significant number of single purpose trips. It is expected to be a walking or biking 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 many customers will drive specifically to the establishment, when parking is at premium, since there are other establishments that provide similar services in the area. Since the proposed use is presumed not to be a destination, any alteration of peak hours is immaterial and will not intensify parking demand. C. Based on the above, the proposed use is a continuation of the prior retail use wi th 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 15303, Class 3(c) on the basis that interior space of an existing 1,600 square feet building will be converted from retail to snack shop use within an urbanized area, and all necessary public services, access and facilities are available. Section 6. Based on the foregoing, the Planning Commission hereby approves Parking Plan 12-5, subject to the following Conditions of Approval: 1. The floor plan shall be substantially consistent with the plan approved by the Planning Commission on June 19, 2012. Minor modifications to the plans required to comply with project conditions or codes may be approved by the Community Development Director. A. The second floor shall be limited to approximately 400 square feet and the unpermitted kitchen and living quarters shall be removed. 3 B. The plans shall be modified to eliminate the retractable door across the front of the tenant space. This element requires a conditional use permit for outdoor (open air) dining. A maximum of two standard doors at the front of the building may be allowed. C. The plans shall be modified to eliminate any encroachment onto the public right -of- way unless and until an encroachment permit is issued. 2. Dining shall be limited to the area shown on the floor plan, not to exceed 20 persons. The use shall comply with the requirements of a ‘snack bar’ as defined in the Hermosa Beach Municipal Code Section 17.04.050 and including no waiter/waitress table service except queuing (intermittent delivery of purchased goods), shall provide a limited menu, shall not serve full meals or have a kitchen capable of serving meals, a cooking range is not allowed, 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. 4. 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. 5. 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 Munic ipal Code Section 8.12.220, water conservation requirements in Chapter 8.56, and food facility inspections in Section 8.04.030, and sign regulations in Chapter 17.50 and 17.38. 6. 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. 7. 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. 8. 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. 9. 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