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HomeMy WebLinkAboutPC Resolution 10-12 - (TA Outdoor seating)RESOLUTION P.C. 10-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW ACCESSORY LIMITED OUTDOOR SEATING AT FOOD ESTABLISHMENTS ON PRIVATE PROPERTY IN C-3 ZONE, AND ZONES THAT ALLOW C-3 ZONE USES. The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: SECTION 1. The Planning Commission held a duly noticed public hearing on July 20, 2010 to consider amending the Municipal Code regarding allow accessory outdoor seating at food establishments on private property in commercial zones (TEXT 10-4). SECTION 2. The Planning Commission of the City of Hermosa Beach hereby finds the proposed amendment is contains sufficient safeguards to ensure the amendment is compatible with the City including location, design, parking, noise, control of alcoholic beverages, vehicle and pedestrian circulation, safety, lighting, and aesthetics, among others, and the administrative review process ensures the proposed use will conform to all standards, otherwise a conditional use permit is required. SECTION 3. The Planning Commission recommends City Council adopt the Negative Declaration, based on the Environmental Assessment/Initial Study, that this project fully mitigates and will result in a less than significant impact on the environment for the reasons stated in the Negative Declaration and initial Study, a Negative Declaration has been prepared in accordance with the California Environmental Quality Act. The Department of Fish and Game has been requested to make a "No Effect Determination" that the project will not impact fish or wildlife or the habitat on which it depends. SECTION 4. The Planning Commission hereby recommends City Council approval of the following amendments to the Hermosa Beach Municipal Code: 1. Section 17.26.030 of the Hermosa Beach Municipal Code shall be amended only by adding "outdoor seating, limited" to read as follows: 2. Section (B)(6) of Section 17.26.050 of the Hermosa Beach Municipal Code shall be added to read as follows: 6 Limited outdoor seating for the purposes of food consummation accessory to food establishments anr vate_property shall be allowed with approval of a permit from the community development department subject to the standards and limitations in this subsection. Food establishments include snack shops restaurants food and beverage markets supermarkets bakeries, or similar establishments that offer food or beverages as determined by the community development director. a. Administrative Permit Required. i. Prior to the establishment of any limited outdoor seating area accessory to any food establishments on private property_, an application shall be filed with the community development department in writing upon a form furnished by the department. The application shall include a site plan and drawings and information showing; the location, furnishings and seating arrangement in sufficient detail to demonstrate the compliance with this section, accompanied by a fee set by resolution of the City Council. ii. The community development director may issue the administrative permit only after determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code. iii. Decisions of the community development director may be appealed to the Planning Commission. Appeals shall be filed in writing with the community development department accompanied by a fee set by resolution of the Cijy Council. Notice of hearing shall he given to the applicant at least ten (10) dqyprior to the hearing, unless the applicant agrees es to waive the requirement so that the matter may be heard at an earlier time. The Commission's review shall be limited to a determination of whether the application complies with the standards set forth in subsection ffl (6)(b) of this section. iv. The permit shall lapse and be of no force and effect, and a new administrative permit shall be required for outdoor seating whenever there is a change in food establishment ownership, change in the nature or scope of the business the permitted food establishment does not operate for a period of more than six (6) months or the director determines based on substantial evidence that the food establishment operation no longer meets the standards set forth in subsection (B)(6)(b) of this section. b Standards and Limitations. The location design and operation of the limited outdoor seating area shall comply with all of the following: i. Outdoor seating shall be incidental and accessory to food establishments for patrons of the food establishment to consume food or beverages purchased during the hours that food or beverages are offered for sale but not to exceed 7:00 a.m. to 11:00 p.m. Employee break areas physically separated and restricted from public use are regulated by subsection (B)(3) above. ii. The outdoor seating area authorized by this subsection (B)(6) shall not exceed a total of two hundred 200) square feet of floor area and shall not contain more than one (1) seat per fifteen (15) square feet of area Seating shall not be reserved for events or parties, and waiter/waitress table service shall not be provided. Additional parking is not required. iii. The outdoor seating area shall be located proximate to the business providing the seating, such as adjacent to the building within courtyards or on balconies or decks excluding any roof deck Outdoor seating areas shall not be arranged so as to create food courts. Outdoor seating areas shall not reduce be located within or damage any required landscaped area. iv. Alcoholic beverages shall not be offered sold or consumed within the outdoor seating area. v. No entertainment music speakers televisions or audio or visual media of any type, whether amplified or unamplified shall be provided within the outdoor seating area or situated so as to be clearly visible to the outdoor seating area. vi. The location and use of the outdoor seating area shall not obstruct the movement of pedestrians goods or vehicles-, required parking spaces; driveways or parking aisles; entrances,• legal signs;utilities or other improvements. A minimum four (4) foot wide pedestrian path shall be maintained unless otherwise required by law. When located adjacent to parking spaces driveways or parking lot aisles a physical barrier such as curb or railing shall be provided. vii. Furnishings shall be strictly limited to chairs benches and tables, and single pole table umbrellas designed for outdoor use. Extraneous objects, such as portable shade canopies, podiums, heat lamps and service objects, are not allowed. All furnishings and barriers shall be maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles. viii. All furnishings shall be maintained in good condition at all times. The area shall be supplied adequate solid waste management containers and maintained in a neat and clean manner, free of litter and graffiti, at all times. ix. Any lighting provided for the use shall be extinguished no later than 11:00 p.m., and shall be high -efficiency, the minimum intensity necessary fully shielded (full cutoff) and down cast (emitting no light above the horizontal plane of the fixture), not create glare or spill beyond theroperty lines and the lamp bulb shall not be directly visible from within any residential unit. x. The use of water for cleaning the area shall conform to Chapter 8.56 Water Conservation and Drought t Management Plan and shall be minimized and any runoff generated shall drain to the sewer system only and shall under no circumstances drain to the stormwater system. xi. Noise emanating from the_property shall be within the limitations prescribed by Chapter 8.24 and shall not create a nuisance to surrounding �residential neighborhoods, and/or commercial establishments. The outdoor seating area shall not adversely affect the welfare of the residents or commercial establishments nearby. xii. The design and use of the outdoor seating area shall conform to all building, fire, zoning, health and safety and other requirements of the Municipal Code and all other requirements of law. c Conditional Use Permit. AU deviation from the standards listed in this subsection shall require a conditional use permit in compliance with Chapter 17.40. VOTE: AYES: Comms.Darcy,Hoffman,Perrotti,Pizer,Chmn.Allen NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 10-12 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regulgr meeting of July 20, 2010. Kent Allen, Mairman July 20, 2010 Date ,s.