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HomeMy WebLinkAboutPC Resolution 11-02 - (136 Pier, Subway)P.C. RESOLUTION 11-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO CLASSIFY A NEW FOOD ESTABLISHMENT (SUBWAY SANDWICHES) AS A `SNACK SHOP' FOR PURPOSE OF CALCULATING PARKING REQUIREMENTS AT 136 PIER AVENUE, LEGALLY DESCRIBED AS A PORTION OF LOTS 13-15, AND NW 10 FEET AND NE 50 FEET OF SE 30 FEET OF LOT 6, BLOCK 35, FIRST ADDITION TO 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 Amir and Hania Yazdi seeking approval for a Parking Plan to classify a new food establishment (Subway Sandwiches) as a 'snack shop' for purpose of calculating parking requirements and if deemed necessity to include the possible payment of an in -lieu fee for any remaining parking deficiency at 136 Pier Avenue (being the western half of the tenant space previously occupied by ReStyle at 136-138 Pier Avenue). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Parking Plan 10-8 on December 1, 2010, 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 Specific Plan Area No. 11 (SPA-11) which allows the food establishments of various types and reduction in parking requirements in accordance with a Parking Plan. 2. The applicant requests to convert the west half of an existing retail use comprising 912 square feet within an existing 6,843 square foot building to a Subway Sandwiches business with less than required parking. 3. Business hours are proposed to be 7:00 a.m. to 12:00 midnight daily. Peak business is between 11:30 a.m. to 2:00 p.m. daily and 75% to 80% of customers orders are projected to be carry -out. 4. The business is proposed to be operated consistent with the definition of a 'snack shop' per H.B.M.C. Section 17.04.050 because the establishment will have only nine seats, a counter for ordering with limited menu excluding alcoholic beverages, will not offer sit-down table service, and will largely consist of assembling pre -prepared items into sandwiches together with provision of pre- packaged sides, heating pre -made bread dough, and no cook top or Type 1 range hood or cooking equipment that requires a Type 1 hood is proposed. 5. The premises is currently nonconforming to parking requirements for retail use as one off-street parking space is located to the rear of the tenant space. Section 4. Based on the foregoing, the Planning Commission makes the following findings: The business is appropriately classified as a `snack shop' per H.B.M.C. Section 17.04.050 because the establishment will have only nine seats, will not offer sit-down table service, no wait- staff or service of nonalcoholic beverages will be provided, the `dining room' floor area consists of less than 250 square feet, the menu is limited and will largely consist of assembling pre - prepared items (bread is thawed and baked) into sandwiches together with provision of pre- packaged sides, and no cook top or Type 1 range hoods or cooking equipment that requires a Type 1 hood is proposed. 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 17.52.035 the retail use of this building can be continued with no additional parking because: A. Parking duration for each customer is short because sandwiches are assembled from pre- cooked ingredients, seating is limited, an estimated 75% to 80% of the business is carry- out with an order -to -pay time of under 3 minutes, and as a franchised fast food type business the city is assured that the business will operate as proposed. B. Parking in on -street spaces and in public lots is typically abundant during the peak business hours, 11:30 a.m. to 2:00 p.m. C. As a fast food type business, Subway 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 Subway when parking is at premium since there are three other Subways within a two mile radius. D. 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 17.52.035.13, 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) New Construction or Conversion of Small Structures as the infill project is located in an urbanized area, only 921 square feet of interior space, involves no exterior alterations, and all necessary public services, access and facilities are available. Section 6. Based on the foregoing, the Planning Commission hereby approves Parking Plan 10-8, subject to the following Conditions of Approval: 1. The floor plan shall be substantially consistent with the plan approved by the Planning Commission on December 1, 2010. Minor modifications to the plans required to comply with project conditions or codes may be approved by the Community Development Director. 2. Dining shall be limited to seating/dining in the area shown for said use on the floor plan, for not more than 12 persons. The use shall further 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, prohibition on Type 1 range hoods and equipment requiring a Type 1 hoods (microwave and warming ovens may use used), and no alcoholic beverages are allowed. 2 3. The parking space to the rear of the tenant space shall be clearly striped and maintained free of clutter or impediments so that it may be utilized for parking. 4. Hours of operation are limited to 7:00 a.m, to 12:00 midnight. 5. The use shall comply with all requirements of Hermosa Beach Municipal Code Chapter 8.44 and the following: A. A floor mat wash area shall be provided, in addition to the mop sink. B. 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 containers shall be provided within the establishment to reduce litter and contaminants on the public right of way. 6. The improvements and the operation shall comply with all requirements of the Los Angeles County Health Department, and Hermosa Beach Building, Fire and Public Works Departments. 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 improvements and the operation shall comply with all requirements of the Municipal Code, including but not limited to the SPA-11 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, and food facility inspections in Section 8.04.030, and sign regulations in Chapter 17.50 and 17.38. 9. 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. 10. Approval of this permit shall expire twelve (12) 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. The Parking Plan 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.Darcy,Hoffinan,Pizer,Chmn.Allen NOES: Comm.Perrotti ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Planning Commission Resolution 11-2 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 December 1, 2010 and memorialized on January 18, 2011. January 18, 2011 Date fAb95\cd\pc\20l l\01-18-11\ 136 pier ave parking plan- subway resolution for adoption 12 27 10. 4