HomeMy WebLinkAboutPC Resolution 11-19 - (1121 Aviation, Gu Gu Sushi)P.C. RESOLUTION NO. 11-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT AND PARKING PLAN AMENDMENT TO EXPAND
AN EXISTING RESTAURANT WITH ON -SALE BEER AND WINE (GU GU
SUSHI & ROLL) AND TO ALLOW PARKING TO BE CALCULATED
PURSUANT TO THE CONSOLIDATED OFF-STREET PARKING STANDARD,
AT 1117 AND 1121 AVIATION BOULEVARD WITHIN THE SHOPPING
CENTER AT THE NORTHEAST CORNER OF THE INTERSECTION OF
PROSPECT AVENUE AND AVIATION BOULEVARD, LEGALLY DESCRIBED
AS A PORTION OF LOT 7, BLOCK 88, SECOND ADDITION TO HERMOSA
BEACH TRACT, CITY OF HERMOSA BEACH
Section 1. An application was filed by Ki Yon Kim, Gu Gu Sushi & Roll, seeking a Conditional
Use Permit Amendment to expand an existing restaurant with on -sale beer and wine by approximately
750 square feet and a Parking Plan Amendment to calculate parking pursuant to the consolidated parking
standards.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
application for Conditional Use Permit and Parking Plan Amendments 11-8 on November 15, 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, the Planning Commission makes
the following factual findings:
1. The existing approximately 1,500 square foot restaurant with on -sale beer and wine at 1121
Aviation Blvd. is proposed to be expanded into the adjacent approximately 750 square foot tenant space.
The site is located within a shopping center at the northeast corner of Aviation Boulevard and Prospect
Avenue that contains a variety of other businesses; the previous use of the subject space at 1117 Aviation
Blvd. was retail.
2. The site is zoned C-3, General Commercial, allowing on -sale beer and wine in conjunction
with a restaurant use approval of a Conditional Use Permit.
3. The business operates under a Conditional Use Permit approved by Planning Commission
Resolution 04-17 and Parking Plan Amendment approved by Resolution 92-49. Approved hours are 7:00
a.m. to 10:00 p.m. on Sunday through Thursday, and 7:00 a.m. to 11:00 p.m. on Friday and Saturday.
The ABC license allows sales, service and consumption between 6:00 a.m. to 2:00 a.m.
4. No material change to the floor plan of the existing space is proposed, and the existing
arrangement will be essentially mirrored within the adjacent space as shown in the project plans dated
November 3, 2011. The applicant proposes to increase total seating from 38 seats (14 at a counter) to 58
seats (22 at a counter). The existing restaurant and prospective tenant space each have one front door and
windows that are not operable; two emergency doors will be added.
5. Previously, a Parking Plan was approved in 1987 and amended in 1992 to allow a take-out
restaurant at 1117/1121 Aviation per PC Resolution 92-49 which allowed shared (consolidated) parking
calculated at the retail parking ratio of one space per 250 square feet per plans pursuant to H.B.M.C.
Section 17.44.220 which allows parking for all uses in a retail shopping center exceeding 10,000 square
feet in size to be shared has been submitted by the applicant. There are 191 spaces in the shopping center.
6. The applicant's updated summary of tenant leases and use types illustrates that 86% of the
uses in the shopping center are `retail' in nature and only 16% consist of more intensive uses. The
updated parking calculation by Planning staff indicates 238 spaces are necessary for the mix of uses based
on the required parking standards, however parking demand resulting from the change of use together
with the mix of uses at the shopping center is 193 spaces, and 191 spaces are provided. However, because
the square footage of the shopping center (including Suzy's outdoor dining) has not changed since 2004,
total parking demand can be based on 47,800 square feet of floor area which is consistent with the 191
spaces provided based on the consolidated standard.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings for a Conditional Use Permit amendment pursuant to H.B.M.C. Section 17.40.020,
finding that the use as conditioned will be compatible with the surroundings and all impacts can be
reduced to an insignificant level:
A. Distance from existing residential uses: The expansion constitutes an incremental increase in
intensity of use. The shopping center provides a commercial `buffer' around the existing restaurant
and proposed expansion into the adjacent tenant space. While residential zoning and residences are
located rear of the site, at a higher elevation, doors to the establishment open to the front parking lot,
thereby reducing the potential for noise impacts. The potential for noise associated with customers
leaving the site is also mitigated by location adjacent to a busy arterial street, the generally early
hours of the establishment, limited increase in seating (20 seats), and other operational controls
proposed to be incorporated into the CUP. While Suzy's has exhibited some noise issues, they
have been associated with live entertainment, and live entertainment is not proposed for Gu Gu
Sushi & Roll. Therefore, impacts to neighboring residences are not anticipated.
B. Adequacy of off-street parking facilities and streets, and distance of parking from the proposed
use: Parking is adequate for the expansion per Section 17.44.220 which allows use of a consolidated
retail parking standard. Because parking is located onsite with direct and near access to an arterial
(Aviation Blvd.), people leaving the establishment can exit the site and area without traversing or
impacting residential neighborhoods or streets. Impacts associated with parking and circulation are
not anticipated.
The pavement in the parking lot is significantly deteriorated, striping is not readily visible,
landscaping is not well maintained, and there was a significant amount of trash in the perimeter
landscaping when staff visited the site on November 2, 2011. Conditions of the Parking Plan
Amendment approved in 1992, carried forward reduce impacts. The existing Parking Plan and
Municipal Code Section 17.44.160 require a maintained striped and surfaced parking lot, and
deferred maintenance can affect orderly circulation, pedestrian access, tracking of debris onto the
public streets, stormwater management issues, and potentially effects to property values in the
area. The owner has resurfaced the northerly portion of the parking lot located within Redondo
Beach in the last year, has added disabled parking signs throughout the lot, and intends to
resurface and restripe the remainder of the lot within 18 months. However, the Commission finds
that these issues must be addressed within three months from final inspection of Gu Gu Sushi &
Roil as indicated in Conditions 21-25 which address these issues.
C. Location of and distance to churches, schools, hospitals and public playgrounds: Expansion of
the subject business is not likely to affect the church located across Aviation Blvd., a busy arterial
street.
D. The combination of uses proposed, concentration and number of similar establishments or uses
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within close proximity to the proposed establishment: The shopping center currently contains two
other restaurants with on -sale beer and wine. No other on -sale establishments are located in the
vicinity, with the closest being in the shopping center at the intersection of Aviation and PCH. While
the expansion would create the potential for increased concentration of on -sale customers at the
shopping center, under its current CUP, Gu Gu Sushi must close by 10:00 p.m. daily and by 11:00
p.m. on Friday and Saturday, and no change in hours is proposed.
Establishments that close by 10:00 p.m. and conform to standards in Section 17.26.060 are allowed
by right because impacts associated with such establishments tend to be minimal. The subject
business closes only one hour later, on weekend nights, and police problems have not been reported.
The three restaurants in the shopping center also have somewhat staggered closing times, between
10:00 p.m. and 1:00 a.m. depending on the day of week, which helps reduce loitering or noise that
could be otherwise be associated with groups of people leaving businesses and or sites at the same
time.
The shopping center contains a mix of other uses including retail, a dance and music academy,
fitness uses, and personal services, which cater to people of various age groups and maintain a
variety of business hours generally oriented to daytime and early evening use. Conflicts among the
uses in the shopping center have not been reported and expansion of the subject use should not cause
a conflict due to hours, relatively limited occupancy, and proposed conditions of approval controlling
operations and design.
E. Precautions taken by the owner or operator of the proposed establishment to assure the
compatibility of the use with surrounding uses: No special precautions are noted.
F. Noise, odor, dust andlor vibration that may be generated by the proposed use: The relatively
early closing time and limited increase in seating reduces the potential for impacts from
expansion of the floor area. Standard conditions in Section 17.40.080 and the noise ordinance
generally control noise and disturbances. To reduce the potential for a sports bar atmosphere, a
limitation on televisions and similar devises and bar -height furniture is proposed. Outdoor or `open
air' dining would require a CUP amendment.
G. Impact of the proposed use to the city's infrastructure, andlor services: The proposed, limited
expansion should not require increased police services given the hours of operation and
conditions that reduce the potential to operate as a sports bar.
H. 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: The proposed expansion does
not conflict with the City's informal `no intensification' policy due to the geographical location well
removed from the downtown area, hours of operation, and other limitations. While the
establishment currently operates without problems, a larger establishment or a change in theme or
management could result in changes to intensity or character, with the potential for increased adverse
behavior and impacts such as noise, disturbances, partying in the parking lot, etc. Maintaining the
current hours, limiting the ability for the establishment to become a sports bar by limiting number of
televisions and similar devices, and other conditions should reduce the potential for impacts
regardless whether management changes over time. The applicant has also voluntarily agreed to a
reduction in the ABC hours (currently 6:00 a.m. to 2:00 a.m. daily) to coincide with the CUP, as a
way to increase assurances that the use would not incrementally intensify, in exchange for the
expansion in floor area. Reducing hours consistent with the CUP helps to reduce the on -sale hours
`capacity' within the City. Although the Police Chief opposes intensification on on -sale
establishments in view of the City Council's policy of no intensification, the Police Chief does not
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object to this limited expansion of floor area because the business owner has agreed to relinquish
and conform ABC license hours from 2 a.m. daily to 11:00 p.m., only on weekends.
Section 5. Based on the foregoing factual findings, the Planning Commission makes the
following findings for a Parking Plan pursuant to H.B.M.C. Section 17.42.0220, finding that adequate
parking will be provided for the expanded use and all uses within the shopping center.
1. The parking demand resulting from change of use of a small portion of the shopping center
from retail to restaurant can be absorbed in the large parking facility that exists at the shopping center;
2. The shopping center will contain a minimum of 191 parking spaces with the minimum ratio
of 1 per 250 square feet of floor area as required by Section 17.44.220.
3. Calculating parking requirements for the proposed use within a large shopping center at one
space per 250 square feet rather than cumulatively for each and every use will supply parking demand
under Section 17.44.220, Consolidated Off -Street Parking, as the shopping center contains a mix of uses
with varying peak parking demand times, and the proposed project results in only a small percentage
increase in the proportion of commercial space used for restaurant purposes, and the resulting total
percentage of there more intense uses is only approximately 16% of the facility. The parking calculation
was last updated in 2004, finding that although 233 spaces would be necessary based on the required
parking standards, the consolidated parking calculation reduced this total to 188 spaces, and 191 spaces to
serve 47,800 square feet of floor area is provided in the parking facility. The updated parking calculation
summary in 2011 is based on the mix of leases supplied by the property owner, indicates which the owner
indicates includes approximate square footages; the square footage of various tenant spaces and the
shopping center in total and parking spaces has not changed since 2004, and therefore the parking demand
based on 47,800 square feet of floor area remains valid. In any case, further parking at the site is
demonstrated to be adequate for the mix of uses and parking demand resulting from the subject change of
use can be absorbed in the parking facility.
4. As stated under Section 4, CUP finding B, Conditions of the Parking Plan Amendment
approved in 1992 are carried forward, including provision of a minimum of 191 striped spaces, providing
accessibility for the physically handicapped, rehabilitating and maintaining landscaping, and maintaining
a mix of uses consistent with or with lower parking demand than uses in the attached parking summary.
The shopping center is in need of parking lot remediation and Conditions of Approval 21-25 are proposed
to ensure this is accomplished so that parking is adequate and impacts are not increased.
Section 6. The project is Categorically Exempt from the California Environmental Quality Act
pursuant to CEQA Guidelines 15303c because the square footage to be converted is only 750 square feet,
and all necessary public services and facilities are available and the surrounding area is not
environmentally sensitive.
Section 7. Based on the foregoing, the Planning Commission hereby approves Conditional
Use Permit Amendment 11-8 and Parking Plan 11-8 subject to the following Conditions of Approval:
1. The project shall be substantially consistent with submitted plans reviewed by the Planning
Commission on November 15, 2011. Minor modifications to the plan shall be reviewed and
may be approved by the Community Development Director. Any substantial deviation to
the floor plan or seating arrangement or intensification of use shall be reviewed and
approved by the Planning Commission.
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2. The hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. Sunday
through Thursday, and between 7:00 a.m. and 11:00 p.m. on Friday and Saturday, at which
time all customers shall vacate the premises and the doors shall be locked.
3. 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.
4. This approval does not authorize outdoor or `open air' dining. Live entertainment
(including amplified music, disc jockeys, live music whether acoustic or amplified, and live
performances of all kinds) and customer dancing is prohibited.
5. The maximum number of televisions, electronic, video or similar display screens or devices
shall be three (3).
6. The applicant voluntarily agrees to a reduction of hours for sales, service and consumption
of beer and wine set forth in its ABC license to 7:00 a.m. and 10:00 p.m. Sunday through
Thursday, and between 7:00 a.m. and 11:00 p.m. on Friday and Saturday consistent with
the hours of operation set forth in this Conditional Use Permit for the new expanded
premises at 1117/1121 Aviation Blvd. The City and applicant, as appropriate to the
licensing process, shall petition the ABC for consistent hours.
7. The business shall provide adequate staffing, management and supervisory techniques to
prevent loitering, unruliness, and boisterous activities of the patrons outside the business
and in the parking areas.
8. Noise emanating from 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. Should noise problems occur, the business shall be
operated with the doors and windows closed.
9. The Police Chief may determine that a continuing police problem exists, and may authorize
the presence of a police approved doorman and/or security personnel to eliminate the
problem, and then shall submit a report to the Planning Commission, which will
automatically initiate a review of this Conditional Use Permit by the Planning Commission.
10. The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
11. The applicant shall submit a detailed seating and occupancy plan prepared by a licensed
design professional, approved by the Community Development Department and Fire
Department in substantial compliance with the plan approved by the Planning Commission
on November 15, 2011, prior to final occupancy of the modified restaurant, and the
maximum occupant load shall be posted.
12. Any significant changes to the interior layout which is not in substantial compliance with
the approved plan or that would alter the primary function of the business as a restaurant
shall be subject to review and approval by the Planning Commission. Seating shall be
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limited to 58 persons, and in no case shall the counter -height counter be converted to a bar -
height counter.
13. The establishment, including kitchen equipment, shall comply with Chapter 8.56.
14. 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 stormdrains, is strictly prohibited. Discharge of liquids or wash water
shall be limited to the sanitary sewer.
15. 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.
16. The restaurant with on -sale beer and wine may be subject to a periodic review process
established by the City to verify conformance with the Conditions of Approval.
17. The establishment shall not adversely affect the welfare of the residents, and/or commercial
establishments nearby.
18. The project and operation of the business shall comply with all applicable requirements of
the Municipal Code.
19. Approval of the Conditional Use Permit amendment is contingent on approval of the
Parking Plan amendment.
20. The mix of uses (retail/restaurant/service) of the lease spaces within the shopping center
shall not be intensified in terms of parking demand without approval of a Parking Plan
amendment.
21. A minimum of 191 parking spaces shall be maintained in the parking lot. The number of
spaces may be reduced for the purpose of compliance with the current standards for
provision of disabled spaces and associated loading zones, and to provide bicycle parking.
A plan shall be submitted to the Community Development Department for review and
approval prior to issuance of a Certificate of Final Occupancy demonstrating spaces and
dimensions.
22. All parking spaces in the parking lot, including disabled spaces and their loading areas,
shall be properly striped with appropriate signs posted within three months from final
inspection of Gu Gu Sushi & Roll, or the land owner shall be in violation of this Parking
Plan.
23. The requirement to maintain the parking lot is material to all tenants and uses in the
shopping center. The pavement shall be properly maintained in accordance with H.B.M.C.
Section 17.44.160, Chapter 8.44 and all other requirements of law, within three months
from final inspection of Gu Gu Sushi & Roll, or the land owner shall be in violation of this
Parking Plan.
24. The parking lot and landscaping shall be maintained free of trash and debris. Appropriate
solid waste containment receptacles shall be provided and maintained in accordance with
H.B.M.C. Chapter 8.12.
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25. Existing landscaping located around the perimeter of the parking lot to the east and south
shall be well -maintained. The landscaping shall be cleared of trash and rehabilitated prior
to issuance of the Certificate of Final Occupancy.
A. Landscaping in poor condition shall be replaced with live plants. An automatic
landscaping irrigation system shall be provided and maintained.
B. Prior to installation of new landscaping, a landscape plan indicating size, species and
quantity of plants shall be submitted to the Community Development Department for
review and approval. All new or replacement landscaping shall comply with Municipal
Code Chapter 8.60.070.
26. This approval of a Conditional Use Permit incorporates conditions from and supersedes
Planning Commission Resolution 04-17, which hereafter shall be void and of no further
force and effect.
27. This approval of a Parking Plan incorporates conditions from and supersedes Planning
Commission Resolution 92-49, which hereafter shall be void and of no further force and
effect.
28. 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,
California Disabled Access Standards (Government Code Title 24), and Los Angeles
County National Pollutant Discharge Elimination System Permit (NPDES).
29. 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.
30. The Planning Commission may review this Conditional Use Permit and/or Parking Plan
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.
31. 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 8. 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 and Parking Plan Amendments shall be recorded, and proof of recordation
shall be submitted to the Community Development Department prior to the issuance of a building permit.
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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.Hoffman,Pizer,Chmn.Darcy
NOES: None
ABSENT: Comms.Allen,Perrotti
ABSTAIN: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 11-19 is a true and complete record of the action taken by
the PI ing ommission of the City of Hermosa Beach, California, at its regular meeting of November
I5, 20
S a arc , hairman en on, Secretary
Date