HomeMy WebLinkAboutPC Resolution 11-13 - (424 Pier, Creme de la Crepe)RESOLUTION P.C. 11-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT TO EXPAND THE ALLOWABLE AREA FOR
OUTDOOR DINING (A COVERED PATIO AND `OPEN AIR' DINING WITHIN
THE EXISTING BUILDING FOOTPRINT) IN CONJUNCTION WITH A
RESTAURANT USE ("CREME DE LA CREPE"), AND SUPERSEDING
PLANNING COMMISSION RESOLUTION 08-34, AT 424 PIER AVENUE,
LEGALLY DESCRIBED AS THE NORTHWEST 120 FEET OF LOT 14, TRACT
NO.780, 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 Creme de la Crepe (Bruno Baio) requesting approval of
`after the fact' Conditional Use Permit Amendment 11-4 to increase the floor area devoted to outdoor
dining from approximately 37 square feet with two tables within the building alcove, to approximately
124 square feet for six tables, together with `open air dining' within the remainder of the restaurant at 424
Pier Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
application for a Conditional Use Permit Amendment 11-4 on August 16, 2011 at which time testimony
and evidence, both oral and written, was presented to and considered by the Planning Commission.
Section 3. Based on the testimony and evidence received, the Planning Commission makes the
following factual findings:
1. The site is zoned Specific Plan Area No. 11 which allows outdoor dining with approval of a
Conditional Use Permit and a walk-up ordering window incidental to the sit-down restaurant. Residential
uses (R-3 zoning) abut the site to the rear, and R-3 zoning and the Mobilehome Park also lie north of the
businesses along Pier Avenue.
2. The purposes of the SPA- 11 zone per Section 17.38.530 are to create a pedestrian -oriented
seaside village center of small-scale commercial establishments that attract and serve local residents, in
addition to visitors, retain a 'sense of place' with buildings of diverse character, minimize the impact of
commercial development on adjacent residential districts, ensure that the appearance and effects of
commercial building and uses are harmonious with the character of a pedestrian -oriented seaside village,
ensure the provision of adequate off-street parking, loading and pedestrian amenities, and protect the
environment, particularly air and ocean water quality.
3. The restaurant will continue to occupy 800 square feet of an existing 7,965 square foot
commercial building. The modified floor plan will not increase gross floor area. The use is served by a
shared parking lot to the rear of the building.
4. The westerly door accessing the building from Pier Avenue will be replaced by folding doors
across the frontage of the business relocating the facade from an inset of 2.5 feet accommodating two
tables to an inset of 8+ feet to accommodate six tables in front of the new folding doors providing an
outdoor patio of 124 square feet. The new folding doors will also allow the front of the restaurant to be
completely opened to the elements to provide `open air' dining within the remainder the restaurant. A 36-
inch wrought iron barrier fence (no gate) is added to separate the outdoor dining area from the sidewalk,
allowing the restaurant to be opened to the elements when the doors are open. No other modifications are
proposed to the kitchen location, area and general layout.
5. The approved floor plan in 2008 shows tables and chairs with 30 seats (4 being on the
outdoor patio). The current floor plan provides 34 seats comprised of bench and table seating (12 on the
altered outdoor patio). The establishment is assigned an occupant load of 49.
6. The existing restaurant has been in operation since October 2001, utilizing the existing
approximately 800 square foot building envelope. A Conditional Use Permit was issued in July 2008
(P.C. Resolution 08-34) allowing two tables of outdoor dining within the alcove of the building,
conditioned upon outdoor dining from 7:00 a.m. to 11:00 p.m., among other conditions.
7. The restaurant operator commenced beer and wine service in September 2009 in accordance
with H.B.M.C. 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). Therefore, the restaurant must cease
alcohol service and close its doors by 10:00 p.m. daily. The ABC license also imposes hours of 8:00 a.m.
to 10:00 p.m. daily.
8. Section 17.26.060 also prohibits a stand-up bar area or more than two televisions, electronic,
video or similar display or screens within or visible from any area designated for alcoholic beverage
service. The establishment currently has one television which is visible from the outdoor seating area,
and a bar -height counter without chairs which separates the service and dining areas.
Section 4. The project is categorically exempt from the provisions of the California Environmental
Quality Act per CEQA Guidelines, Section 15301(a), Class 1, Existing Facilities, because the proposal
involves a change to floor plan to a commercial use within an existing building for essentially the same use,
intensity is essentially equivalent, all services are available, and no significant impacts are identified.
Section 5. Based on the foregoing factual findings the Planning Commission makes the
following findings that the Conditional Use Permit Amendment will be compatible with and not
adversely affect the surrounding area pursuant to Section 17.40.020 of the Hermosa Beach Municipal
Code:
1. Opening the front of the restaurant encourages interaction with the outside environment and
creates a vibrant pedestrian environment consistent with the intent of the SPA-1 I zone. Potential noise to
the adjoining residential area will be controlled by the Noise Ordinance including HBMC Section
8.24.040 (I) that prohibits "continuous, repeated or sustained noise from the premises of any commercial
establishment which is adjacent to one or more residential dwelling units, including any outdoor area part
of or under the control of the establishment, between the hours of 10:00 p.m. and 8:00 a.m. that is plainly
audible from the residential dwelling unit's properly line." Subsection A also limits the "amplification of
music or any other sound on private property, through speakers located either (1) outdoors, or (2) in one
or more windows or doorways, when such speakers are directed towards and such music is plainly
audible on an immediately adjacent public right-of-way."
2. Noise impacts are reduced by conditions restricting hours to 8:00 a.m. to 10:00 p.m., keeping
the back door closed, closing the retracting doors if noise is an issue, a prohibition on live entertainment,
a prohibition on televisions within the front dining area (being the first 8-feet of the building envelope as
shown on the plans), per HBMC Section 17.26.060 limiting the total number of televisions to a
maximum of two televisions, electronic, video or similar displays within or visible from any area used for
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alcoholic beverage service. The bar -height enclosure with counter separating the service and dining areas
shall not be used as a counter or bar to provide beverage or food service to patrons.
3. Service of alcohol within the front dining area, the potential to create a sports bar atmosphere,
and the potential to pass alcohol to people on the sidewalk will be mitigated by (1) a barrier fence that
provides a structural separation between the sidewalk and the outdoor dining area to ensure compliance
with City regulations prohibiting alcoholic beverages on the public right of way and as required by the
ABC; (2) requiring beer and wine to be served in non -disposable beverage containers,; (3) requiring
service of beer and wine to comply with Section 17.26.060 (establishments serving beer and wine that
close by 10:00 p.m.) and 17.40.080 (on -sale alcohol beverage establishment); (4) restricting hours to
8:00 a.m. to 10:00 p.m.; (5) requiring that the retracting doors be closed if noise is an issue; (6)
prohibiting live entertainment; and (7) requiring compliance with noise controls.
4. The use is a "Planning Priority Project" (HBMC Section 8.44.040, Storm Water Management
and Discharge Control Ordinance), with the potential to generate litter, contaminated runoff, and bacteria
to the storm drain system associated with outdoor dining. The use is conditioned on compliance with
HBMC Chapters 8.44 and 8.56 requiring best management practices including provision of enclosed
trash/recycle containers, restrictions on washing the site, the operator to monitor the area in front of the
business to ensure the outdoor/open dining area is not creating a litter problem, and prompt removal of
any trash, food or liquids. Styrofoam and plastics associated with take-out food, indicated as significant
contributors to pollution on beaches and in Santa Monica Bay where these materials affect marine life and
are introduced into the food chain, are reduced by providing appropriate receptacles and not allowing
take-out containers with a "No. 6" recycle code. These measures also support the purpose of the SPA- 11
zone in 17.38.530 by protecting the environment, particularly ocean water quality.
5. The proposed modification to the fagade will comply with HBMC Section 17.38.550(G)
requiring glazing or openings cover at least 70% of the fagade, located between 3 and 8 feet in height.
6. No additional parking is required because the floor area of the establishment including the
dining area is not increasing. The establishment must comply with all codes, including Health
Department requirements that the kitchen be enclosed to facilitate open air dining.
Section 6. Based on the foregoing, the Planning Commission hereby approves the request for
Conditional Use Permit Amendment 11-4 subject to the following Conditions of Approval:
1. The use consisting of outdoor dining including a patio with four tables and open air dining
in conjunction with a restaurant shall be consistent with plans submitted and approved by
the Planning Commission on August 16, 2011. Minor modifications to the plan shall be
reviewed and may be approved by the Community Development Director. Any substantial
deviation must be reviewed and approved by the Planning Commission. This approval does
not authorize dining on the public sidewalk.
A. Pursuant to HBMC Section 17.26.060 (Establishments serving beer and wine that close
by 10:00 p.m.) the floor plan shall reflect that the bar -height enclosure with counter
separating the service and dining areas shall not be used as a counter or bar to provide
beverage or food service to patrons.
B. Pursuant to HBMC Section 17.26.060, not more than two televisions, monitors,
electronic, video or similar displays of any type shall be permitted within the outdoor
patio or other dining areas. No such displays shall be permitted within the front patio
area in front of the retracting doors, or be mounted on any wall or in any manner facing
the front patio area, with the exception of the location of the existing television on the
wail above the bar -height service counter.
2. This approval incorporates conditions from and supersedes Planning Commission
Resolution 08-34, which shall be void and of no further force or effect.
3. The business shall be operated as a bona fide restaurant and food service from the menu
shall be available during all hours that the establishment is open for business. The hours of
operation shall be restricted to 8:00 a.m. to 10:00 p.m. daily. All customers shall vacate the
premises no later than 10:00 pm and the doors shall be locked.
4. The provision of alcoholic beverages shall be limited to beer and wine and comply with the
following:
A. All alcoholic beverages shall be served in nondisposable drinkware.
B. The 36-inch barrier between the sidewalk and the dining areas in which alcohol is
served shall be maintained. Any gate, doors or windows shall not open into the public
right-of-way.
C. 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, in addition
to signs required by HBMC Section 8.48.060 Alcoholic beverages --Warning signs.
D. The use shall maintain compliance with and is subject to Hermosa Beach Municipal
Code Sections 17.26.060 (Establishments serving beer and wine that close by 10:00 p.m.)
and 17.40.080 (On -sale alcohol beverage establishment).
5. The establishment shall not adversely affect the welfare of the residents, and/or commercial
establishments nearby.
6. Any changes to the interior layout which alter the primary function of the business or
impacts therefore shall be subject to review and approval by the Planning Commission.
7. The operator shall monitor the area in front of the business to ensure that the outdoor
dining area is not creating a litter problem. The operator shall provide enclosed
trash/recycle containers in a prominent location in the patio area.
S. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
9. To reduce marine debris associated with take-out containers, the establishment shall not
use take-out containers with a "No. 6" recycle code.
10. 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. The rear door
to the restaurant shall be maintained in a closed position to reduce noise transmission. The
volume on audio devices and speakers shall be turned off between 10:00 p.m. and 8:00 a.m.
Should violations of the noise ordinance occur, or the Community Development Director
determines that noise is causing a repeated disturbance to neighboring residential uses, the
retracting doors shall be closed.
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11. Live entertainment (including amplified music, disc jockeys, live music whether acoustic or
amplified, and live performances of all kinds) and customer dancing is prohibited.
12. The use shall comply with HBMC Chapters 8.44 and 8.56. The practice of washing and
rinsing restaurant floor mats, equipment, tables, etc., or discharge of any liquids, other than
stormwater, onto the public right-of-way, into the parking lot drain or into stormdrains, is
strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary
sewer. The operator shall monitor the patio and area in front of the business to ensure the
dining area is not creating a litter problem, and the operator shall promptly remove any
litter, trash, food scraps, spilled scraps and liquids, or service items.
13. The improvements and the operation shall comply with all requirements of the Building,
Fire and Public Works Departments. 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, Los Angeles County Health Department, and California Disabled Access
Standards (Government Code Title 24).
14. The parking lot located to the rear of the subject site shall be designated for use by
customers and staff; sign(s) shall be posted at the entrance to the parking area in a clearly
visible location that states this parking is for use by customers and employees.
15. 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.
16. 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 neighborhood resulting from the subject use.
17. 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. The Conditional Use Permit Amendment 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 attomey'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.
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.Hoffman,Perrotti,Pizer,Chmn.Darcy
NOES: None
ABSTAIN: None
ABSENT: Comm.Allen
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 11-13 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, Caliform, t its regular meeting of
Augus 6,
Shawn Darcy, Chairman ��enRoe on, Secretary
August 16, 2011
Date
F:b95\cd\pc\2011\08-16-I1\424 Pier Av\resolution 11-13 adopted
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