HomeMy WebLinkAboutPC Resolution 09-08 - (53 Pier, Froyolife)P.C. RESOLUTION NO. 09-8
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO
CLASSIFY A YOGURT SHOP (FROYOLIFE) AS A SNACK SHOP FOR
PURPOSE OF CALCULATING PARKING REQUIREMENTS AND TO
INCLUDE PAYMENT OF AN IN-LIEU FEE FOR REQUIRED PARKING
FOR OUTDOOR SEATING/DINING ON PIER PLAZA AT 53 PIER AVENUE,
LEGALLY DESCRIBED AS LOT 24 OF BLOCK 13, HERMOSA BEACH
TRACT, 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 Albert Hwang seeking approval for a Parking
Plan to classify a yogurt shop (Froyolife) as a 'snack shop' for purpose of calculating parking
requirements and to consider the payment of an in-lieu fee for the required parking for outdoor
seating/dining on Pier Plaza at 53 Pier Avenue, Suite D.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider Parking Plan 09-3 on April 21, 2009, 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 C-2, Restricted Commercial, located on the Pier Plaza which allows
snack shops by right, and outdoor dining by right pursuant to H.B.M.C. Section
12.16.100 subject to an Encroachment Permit.
2. Applicant requests to classify a yogurt shop as a 'snack shop' pursuant to Section
17.04.050 for purpose of calculating parking requirements in accordance with a Parking
Plan.
3. Applicant requests to convert an existing retail space of 1,365 square feet within a multi-
tenant building, and approximately 235 square feet of outdoor seating on Pier Plaza to a
snack shop.
4. The proposed yogurt shop is consistent with the definition of a 'snack shop' per H.B.M.C.
Section 17.04.050 because the establishment will have 25 seats or less, a counter for
ordering with limited menu excluding alcoholic beverages, will not offer sit-down table
service, and will not have a kitchen capable of serving meals as evidenced by the lack of
cooking facilities.
Based on the foregoing, the Planning Commission makes the following findings:
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1. Pursuant to H.B.M.C. Section 17.44.030(O), retail commercial parking requirements (one
space per 250 square feet of additional floor area) are appropriately applied to the
proposed business because it can be classified as a snack shop and the characteristics of
the shop as set forth in factual findings 3 and 4 above will result in less parking demand
than a restaurant. The snack shop will not intensify the existing land use in comparison
to the previous retail establishment.
2. Pursuant to H.B.M.C. Section 17.44.210, adequate parking will be provided because the
yogurt shop has the unique characteristic of primarily serving people visiting downtown
to go the beach or for some other purpose, rather than being a driver’s sole destination As
such, it is probable that a share of customers will walk from other locations in the
downtown area which are concurrently visited, rather than creating a significant number
of single purpose trips. The application of retail parking requirements to the 235 square
foot of outdoor dining area nonetheless creates an unmet parking demand of one space.
3. Pursuant to H.B.M.C. Section 17.44.040(E) the use is eligible for payment of a fee for
parking spaces in-lieu of onsite provision because the ratio of the outdoor dining area to
site area is less than 1:1. Pursuant to Section 17.44.210(A), payment of a parking in-lieu fee
is appropriate as the project is located within the downtown parking district and providing
on-site parking is materially impossible for this project.
Section 4. 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, involves minor exterior alterations to the urban
lot consisting of paving approximately 235 square feet of outdoor dining area, and all necessary
public service, access and facilities are available.
Section 5. Based on the foregoing, the Planning Commission hereby finds the business
to be a snack shop and approves Parking Plan 09-3, subject to the following Conditions of
Approval:
1. The details of the project application and supplemental materials are incorporated as
Conditions of Approval unless modified herein.
2. The site, location and use of the outdoor seating (dining) area shall be substantially
consistent with the submitted site plan and floor plan approved by the Planning
Commission on April 21, 2009. The exterior patio area shall be located in front of
the business on Pier Plaza, and to maintain the width of the passageway to the west,
shall not extend westerly of the west wall of the building onto Loreto Plaza. Minor
modifications to the plans required compliance with project conditions or codes may
be approved by the Community Development Director.
3. Dining shall be limited to seating/dining in the areas shown for said use on the floor
plan, for not more than 25 persons. The use shall comply with the requirements of a
'snack bar or snack shop' as defined in the Hermosa Beach Municipal Code Section
17.04.050, including no more than 25 seats, no waiter/waitress table service except
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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 modification of floor plan to reflect same, and no service of alcoholic beverages.
4. Outdoor seating/dining on Pier Plaza shall be subject to an Encroachment Permit
issued pursuant to Hermosa Beach Municipal Code Section 12.16.110 by the Public
Works Department.
5. Parking In-Lieu Fees in the amount of $28,900 per parking space, or the current
parking in-lieu fee set by the City Council at the time the encroachment permit is
approved, for one parking space shall be deposited into the Parking Improvement
Fund prior to issuance of the encroachment permit pursuant to Section 17.44.040 of
the Municipal Code.
6. No other structures or elements associated with the use or its construction shall
encroach onto Pier Plaza without written permission from the City of Hermosa
Beach, including issuance of an Encroachment Permit if required.
7. The project shall comply with the requirements of the Building, Fire and Public
Works Departments.
8. The operation of the business shall comply with all applicable requirements of the
Municipal Code. 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.
9. The Parking Plan shall not be effective until all procedures prescribed under
Chapter 17.44.210 of the Hermosa Beach Municipal Code and all Conditions of
Approval have been complied with, and all permits required by the City and Health
Department have been obtained.
Section 6. 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 Parking Plan, including payment of all parking in-lieu fees.
The Parking Plan shall be recorded and proof of recordation shall be submitted to the
Community Development Department prior to commencement of operation or issuance of
Building Permit Certificate of Occupancy.
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.
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