HomeMy WebLinkAboutPC Resolution 11-05 - (719 Pier, The Counter, CUP)P.C. RESOLUTION I1-5
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
TO ESTABLISH OUTDOOR DINING, AND DENYING THE REQUEST FOR A
CONDITIONAL USE PERMIT FOR ON -SALE BEER AND WINE FOR LATER
HOURS (PAST 10:00 P.M.) THAN WHAT IS OTHERWISE PERMITTED BY
RIGHT, IN CONNECTION WITH A NEW RESTAURANT (`THE COUNTER'), AND
SUPERSEDING PLANNING COMMISSION RESOLUTION 154-576, AT 719 PIER
AVENUE, WITHIN THE PLAZA HERMOSA SHOPPING CENTER, LOCATED AT
1559 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS A PORTION OF
LOT 1, TRACT 9203, AND LOTS 11-18 INCLUSIVE, BLOCK 80, SECOND
ADDITION TO HERMOSA BEACH
Section 1. An application was filed by Bruce Miller & Associates seeking approval to establish an
outdoor dining area comprised of approximately 1,000+ square feet and provide on -sale beer and wine from 11:00
a.m. to 10:00 p.m. Sunday through Thursday, and 11:00 a.m. to 12:00 midnight on Friday and Saturday, in
conjunction with a new restaurant (The Counter) within an existing 2,827 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 the
application for a Conditional Use Permit (CUP 11-1) on January 18, 2011, at which testimony and evidence, both
written and oral, was presented to and considered by the Planning Commission
Section 3. Based on evidence received at the public hearing, both written and verbal, the Planning
Commission makes the following factual findings:
1. A Conditional Use Permit (CUP 11-1) is required to establish outdoor dining pursuant to Section
17.26.050(B) and on -sale alcoholic beverages with a closing time later than 10:00 p.m. pursuant to Section
17.26.030, in conjunction with a new restaurant.
2. The proposed location is a free-standing building occupied by El Pollo Loco since 2002 within the
Plaza Hermosa Shopping Center. The new restaurant (The Counter) would provide indoor seating for 83
people (61 main dining room, 22 in bar area) and for 66 people within a proposed 1,000+ square foot outdoor
dining area. A combination of bench, loose and bar seating is proposed. Three televisions are proposed
comprising two within the interior and one in the outdoor dining area.
3. The applicant proposes to eliminate the drive-thru window and convert the drive-thru queue aisle located
south/west of the building to an outdoor dining area. The existing double door on the west wall will be relocated
to an adjacent north -facing wall, and two new door openings will be created on the south wall to provide access to
the outdoor dining area. New fold -up `garage style' doors are proposed in place of three existing openings on the
north, south and west elevations. A railing will be installed around the outdoor dining area. The proposed outdoor
dining area will be accessed from both inside the restaurant and the parking lot (including ADA accessibility); the
12-foot wide sidewalk provides separation between the outdoor dining area and the parking lot.
4. The building was granted a Conditional Use Permit (Planning Commission Resolution 154-576) for a
drive-thru take-out window at an existing fast-food restaurant.
5. The shopping center is zoned Specific Plan Area No. 8. Adjacent zoning includes R3 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.
6. The applicant has concurrently applied for a Parking Plan amendment (PARK 11-1) to calculate
parking for the outdoor dining area within the consolidated parking area serving Plaza Hermosa Shopping
Center.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings
pertaining to the application to allow on -sale beer and wine from 11:00 a.m. to 10:00 p.m. Sunday through
Thursday and 11:00 a.m. until 12:00 midnight Friday and Saturday pursuant to H.B.M.C. Sections 17.40.020
and 17.40.080:
A. The proposed use may impact existing residential uses. The closest residential uses are located north of
the shopping center, north 1601 Street (R-3) and Mobilehome Park to the west; R-1 and R-2 zoning also is
located east of Pacific Coast Highway behind other commercial uses (automotive retail/service). Alcohol
use in the later evening hours after 10:00 p.m. within the restaurant and the outdoor dining area may result in
noise and disturbances at the establishment, shopping center and throughout the area as people return to the
vehicles or walk to other destinations in the vicinity and downtown.
B. There are a significant number of similar establishments or uses within close proximity to the proposed
establishment. The proposed establishment will contribute to a further concentration of on -sale
establishments with potential adverse impacts. There are currently 12 establishments with on -sale beer
and wine and 25 with on -sale general alcohol, plus two establishments that serve beer and wine and close
by 10:00 p.m. under Section 17.26.060, in the downtown area (Pier Plaza, Hermosa and Upper Pier
Avenue). Of 8 restaurants licensed to serve alcoholic beverages along Upper Pier Avenue, one is restricted
to a 10:00 p.m. close by the CUP and 4 must close by 11:00 p.m. On Pacific Coast Highway, 13 on -sale
establishments are permitted under CUPS; of those, three are located between 21st Street and Aviation
Boulevard.
C. While there seems to be less objection to establishments that close by midnight, the City Council has
indicated a policy of limiting concentration or intensification of on -sale establishments in the downtown
on upper Pier Avenue and Pacific Coast Highway within the vicinity based on a history of negative
impacts in the downtown and upper Pier Avenue and concerns over extending the `entertainment district'
and adverse impacts eastward. The only deviation from this policy was a CUP amendment for an
establishment on Pier Plaza allowing a partial extension of hours (previously reduced through the CUP
modification process due to negative impacts from the business). All other requested extensions of hours
and intensification of alcohol have been denied in the surrounding area in at least the past year. The Upper
Pier Avenue Committee's Final Report and zoning revisions also noted the desirability of community
oriented, resident -serving uses on upper Pier Avenue rather than an extension of the nightlife on Pier
Plaza.
D. While the proposed restaurant would close relatively early, 10:00 p.m. on weekdays and 12:00 midnight
on weekends, the floor plan does indicate bar -type seating as a prominent element. Even if the
prospective business does not focus on alcohol and is well -managed, since a CUP runs with the land there
is no guarantee that every business in that space will be well -managed over time. Moreover, the city has
experienced continual requests for small but incremental entitlements to intensify existing or establish new
alcohol -serving uses.
While current problems in the downtown have shown some improvements over the past two years, this
may be largely attributable to increased commitment of police resources and enforcement of CUPS, the
economic climate, and the City Council's policy to not intensify or expand on -sale establishments. The
Police Chief opposes the issuance of any additional on -sale establishment licenses within this City due to
the current over -concentration.
E. The proposal to allow on -sale beer and wine closing later than 10:00 p.m. is incompatible with the
surrounding area and may impact the surrounding area city services because it would contribute to a
concentration of similar establishments in the area, expand the `entertainment district' eastward and
potentially require additional police services, and conditions to fully mitigate these cumulative impacts
cannot be identified.
Section 5. Based on the foregoing factual findings, the Planning Commission makes the following
findings pertaining to the application to establish an outdoor dining area pursuant to H.B.M.C. Section
17.40.020:
A. .Distance from existing residential uses: The closest residential uses are located north of the shopping
center, north 16`h Street (R-3) and Mobilehome Park to the west; R-1 and R-2 zoning also is located east of
Pacific Coast Highway behind other commercial uses (automotive retail/service). The primary impacts to
nearby residential uses associated with outdoor dining area are noise and light. Televisions are proposed
which can contribute to noise and a `sports bar' type atmosphere. Noise impacts associated with the
proposed use can be reduced through compliance with the Noise Ordinance, prohibiting televisions and
similar devices within the outdoor dining area and limiting them within the interior. If the request to
allow on -sale alcohol after 10:00 p.m. is denied, the operator may still provide beer and wine per Section
17.26.060, provided TVs are limited to a total of two within the establishment and other conditions are
met.
B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use:
Parking will be adequate for all current and proposed uses as stated under Parking Plan.
C. Location of and distance to churches, schools, hospitals and public playgrounds: The closest school
(Hermosa Valley School) is located 500 feet to the west and the closest church (Church of The Nazarene
on 11t1r Place) is located 500 feet to the south. Outdoor dining with a restaurant are not anticipated to pose
conflicts with these uses due to distance and since impacts would generally occur in the evenings and on
weekend afternoons.
D. The combination of uses proposed: The proposed outdoor dining area in conjunction with a restaurant use
is generally compatible with other uses in the shopping center which consist of retail, financial, medical,
and food establishments since peak occupancy for the shopping center is in the afternoon or early evening
and peak occupancy for the proposed establishment is 6:00 p.m. and later. Although the subject building
is free-standing, the introduction of alcohol and a sports bar type atmosphere, even when closing by 10:00
p.m., can have adverse effects on the management of the parking lot if people attracted to the subject site
tend to loiter or otherwise cause disturbances within the parking lot. The standards for on -sale
establishments in Section 17.40.080 provide remedies for this adverse behavior and will be incorporated
into the CUP along with limits on TVs and closure of the roll -up doors if problems occur.
E. 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.
F. The relationship of the proposed business -generated traffic volume and the size of streets serving the area:
Access to the subject restaurant is via a common driveway to the shopping center on the north side of Pier
Avenue, as well as the driveway from the south side of 16th Street. Parking for the existing building is
provided within the shared parking lot for the shopping center which is nonconforming to various existing
uses (retail, medical and restaurant). Under the zoning code, the addition of 1,000 square feet of outdoor
dining area would require 10 additional parking spaces, indicating minimal increase in traffic, which
should not affect city streets.
G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the
area: The design of the single -story building will be retained with stucco finishes and tile roof. The
drive-thru aisle will be converted to outdoor dining and enclosed by a barrier fence that wraps around the
outdoor dining area, which is compatible with the modern 'minimalistic' design and consistent with
existing exterior finishes of the shopping center. Signage must comply with Section 17.50.140 of the sign
code.
H. The number of similar establishments or uses within close proximity to the proposed establishment:
There are several establishments with outdoor dining in the same shopping center that may be permitted as
`limited outdoor seating' pursuant to Section 17.26.050(B)(6); however these would not pose conflicts..
A number of other establishments on Hermosa Avenue, Pier Plaza and in the downtown have outdoor
dining. This distribution of outdoor dining is not itself anticipated to create impacts. The Police Chief
opposes the issuance of any additional on -sale establishment licenses within this City due to the current
over -concentration. However, the new restaurant may offer beer and wine pursuant to Section 17.26.060
provided the restaurant always closes by 10:00 p.m., does not contain a stand-up bar, does not have more
than two televisions, electronic, video or similar displays screens, and complies with other requirements
for on -sale establishments in Section 17.40.080. Other options to reduce impacts, notwithstanding Section
17.26.060, include further reducing the number of TVS and similar devices, further restricting hours, not
allowing alcoholic beverage service within the outdoor dining area at any time, or requiring alterations to
the floor plan such as not allowing a bar.
I. Noise, odor, dust andlor vibration that may be generated by the proposed use: Noise is addressed under
item 1 above. Exterior lighting information is not provided on submitted plans. To reduce possible
lighting impacts, 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.
J. Impact of the proposed use to the city's infrastructure, andlor services: The primary restaurant use is the
same as the current lessee (El Pollo Loco) and the outdoor dining area will have minimal additional utility
demands.
K. Will the establishment contribute to a concentration of similar outlets in the area: Please refer to item H.
L. 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 are identified.
Section 6. The proposal is Categorically Exempt from the California Environmental Quality Act pursuant
to Section 15303(c) because it involves a minor alteration within an existing urbanized site and area with
availability of services.
Section 7. Based on the foregoing, the Planning Commission hereby denies the requested Conditional
Use Permit, limited to provision of on -sale beer and wine from 11:00 a.m. to 10:00 p.m. Sunday though
Thursday and 11:00 a.m. to 12:00 midnight on Friday and Saturday. On -sale beer and wine may be
provided as a permitted use in compliance with 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).
Section 8. Based on the foregoing, the Planning Commission hereby approves the requested Conditional
Use Permit limited establishing outdoor dining, subject to the following Conditions of Approval:
1. The project site, floor plan and use shall be substantially consistent with the submitted site plan and
floor plan approved by the Planning Commission on January 18, 2011. Minor modifications to the
plans required compliance with project conditions or codes may be approved by the Community
Development Director.
2. Outdoor dining/seating shall be limited to 11:00 a.m. to 10:00 p.m. seven days per week.
3. Live entertainment is not allowed. No entertainment, speakers, televisions, electronic, video or
similar displays screens or devices, amplified music or similar media are allowed in the outdoor
dining area.
4. Occupancy of the outdoor dining area shall be limited to customers of the establishment.
5. The outdoor dining area and premises shall be maintained in a neat, clean, litter and graffiti -free
manner at all times.
4
6. Should the establishment provide on -sale beer and wine in conformance with 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), the following minimum requirements shall apply:
A. All requirements of 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) shall be fully
complied with.
B. Notwithstanding Condition 2 above, the permitted hours of operation shall be limited to 10:00
a.m. to 10:00 p.m. daily, including the outdoor dining area. All customers shall vacate the premises
no later than 10:00 p.m. and the doors shall be locked and the outdoor dining area secured.
C. 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 lunch and/or dinner menu; food service from the menu shall be available during all
hours that the establishment is open for business; a minimum or 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.
D. All alcoholic beverages shall be served in nondisposable drinkware.
E. Not more than two (2) televisions, electronic, video or similar displays screens or devices 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. No such devices shall be allowed in the
outdoor dining area.
F. The railing around the outdoor dining area, including doors/gates to allow the area to be
secured, shall be installed and maintained thereby providing a barrier between the sidewalk and the
dining areas in which alcohol is served. Said railings and any doors/gates shall not open into the
public right of way.
G. Signs shall be posted in a conspicuous location warning patrons of the illegality of removing
alcoholic beverages from the restaurant, and carrying and consuming alcoholic beverages in any
public place such as the public sidewalk or beach.
H. The establishment shall not adversely effect the welfare of the residents, and/or commercial
establishments nearby.
I. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside
the business or in the immediate area.
J. The police chief may determine that a continuing police problem exists, and may, subject to the
review of the planning commission, direct the presence of a police approved doorman and/or
security personnel to eliminate the problem. 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.
K. Any changes to the interior layout which alter the primary function of the business shall be
subject to review and approval by the planning commission.
L. 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.
7. A manager who is aware of the conditions of this conditional use permit shall be on the premises
during business hours. The conditional use permit shall be maintained on the premise in a location
where employees can easily read the conditions.
8. To reduce marine debris associated with take-out containers, the establishment shall not use take-
out containers with a "No. 6" recycle code.
9. Noise emanating from the outdoor dining/seating 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.
10. Any installation of exterior lighting shall be downcast, shall not shine on neighboring properties and
bulbs shall not be visible to pedestrians or residences, and shall be the minimum intensity necessary
for the intended use. With the exception of low intensity security lighting, all exterior lighting shall
be turned off between 11:00 p.m. and dawn.
11. 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.
12. The improvements and the operation shall comply with all requirements of the Building, Fire and
Public Works Departments. The applicant shall submit a plan for occupant load calculation prior
to issuance of the Certificate of Final Occupancy.
13. 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 if required.
14. Solid waste facilities/containers adequate for the use and fully screened in compliance with
Municipal Code Section 8.12.220 shall be provided.
15. Exterior and interior water use shall comply with Chapter 8.56.
16. 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 storm water system.
17. The project shall maintain in conformance with all other applicable City of Hermosa Beach and
regulatory agency requirements and standards, including but not limited to: California Department
of Alcoholic Beverage Control if applicable, Los Angeles County Health Department, California
Disabled Access Standards (Government Code Title 24), and Los Angeles County National Pollutant
Discharge Elimination System Permit (NPDES).
18. This approval is contingent upon approval of Parking Plan amendment 11-1.
19. Planning Commission Resolution 154-576 (CUP to allow a drive-thru window) is hereby superseded
and shall be null and void and of no further effect.
20. 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.
21. 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
shopping center, neighborhood or surrounding area resulting from the subject use.
22. 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 9. 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 shall be recorded and proof of recordation shall be submitted to the City of Hermosa
Beach.
Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a
court of law, all other conditions shall remain valid and enforceable.
The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents, officers and
employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set
aside, void or annul this Parking Plan. The City shall promptly notify the Permittee of any claim, action or
proceeding and the City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of
any claim, action or proceeding, or the City fails to cooperate fully in the defense, the Permittee shall not thereafter
be responsible to defend, indemnify or hold harmless the City.
The Permittee shall reimburse the City for any court and attorney's fees that 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 Conditional Use Permit
and Parking Plan.
Section 10. 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.Hoffman,Perrotti,Pizer,Chmn.Allen
NOES: None
ABSENT: Comm.Darcy
ABSTAIN: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 11-5 is a true and complete record of the action taken by the
P i g Commission of the City of Hermosa Beach, California, at its regular meeting of January 18, 2011.
Kent Allen, airman �"'--- ...,,e bertson, Secretary
January 18, 2011
Date