HomeMy WebLinkAboutPC Resolution 09-18 - (1100 PCH #6, Skinny Minnys)P.C. RESOLUTION 09-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO CLASSIFY A YOGURT
SHOP (SKINNY MINNY'S) AS A SNACK SHOP FOR PURPOSE OF CALCULATING
PARKING REQUIREMENTS AT 1100 PACIFIC COAST HIGHWAY, UNIT 6,
HERMOSA BEACH, LEGALLY DESCRIBED AS SET FORTH IN EXHIBIT A.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Kirk Sanella seeking approval for a Parking Plan to classify a
yogurt shop ('Skinny Minny's) as a'snack shop' for purpose of calculating parking requirement.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider Parking
Plan 09-6 on July 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-3 which allows restaurants and snack shops by right.
2. The proposed yogurt shop will not provide indoor or outdoor seating, wait service will not be
provided, a limited menu of yogurt and toppings is proposed, and the business will not have a kitchen
capable of serving full meals.
Based on the foregoing, the Planning Commission makes the following findings:
Pursuant to H.B.M.C. Section 17.44.030(0), retail commercial parking requirements are appropriately
applied to the proposed business based on the characteristics in Finding 1 above, and the snack shop
will not intensify the existing land use in comparison to the previous retail establishment and resulting
in less parking demand than a restaurant. Frozen yogurt/ice cream shops can be found throughout the
City, rather than representing a unique use that is a sole destination. As a common use in the City with
the quick service characteristics of the snack shop, the use is expected cater to customers already
visiting the shopping center or walking along Pacific Coast Highway, and not creating a significant
number of single purpose trips.
2. Pursuant to H.B.M.C. Section 17.44.210, adequate parking will be provided because the proposed use with
its limited menu of common snack foods found at many other locations and quick service characteristics will
cater to customers of the shopping center or walking along Pacific Coast Highway, rather than constituting
a sole destination. Although a Parking Plan approved in October 1997 to allow a drive-thru window at
Starbucks resulted in a parking deficiency from 6:00 a.m. to 10:30 a.m., it is anticipated that parking demand
for Skinny Minny's will occur after the morning drive-thru rush has concluded at 10:30 a.m., and therefore
would not conflict with parking demand of the drive -though coffee shop.
Section 4. The project is Categorically Exempt from the California Environmental Quality Act per
Guidelines, Section 15301, Class 1 Existing Structures as the project will not involve expansion, but is limited to
interior alterations, and intensity of use will not increase.
Section 5. Based on the foregoing, the Planning Commission hereby finds the business to be a
snack shop and approves Parking Plan 09-6, subject to the following Conditions of Approval:
1. The details of the project application and any supplemental materials are incorporated as
Conditions of Approval unless modified herein, provided that the Planning Director may approve
minor modifications that do not affect the use or its intensity or parking demand.
2. The use shall be conducted to comply with the requirements of a 'snack bar or snack shop' as
defined in the Hermosa Beach Municipal Code Section 17.04.050 and as further herein. The
floor plan associated with this permit approved on July 21, 2009 indicates that no seating/dining
area is provided, no waiter/waitress table service except queuing, (intermittent delivery of
purchased goods) is provided, the establishment shall not serve full meals or have a kitchen
capable of serving meals, there is a prohibition on Type 1 range hoods and equipment requiring
a Type 1 hoods or modification of floor plan to reflect same, and no service of alcoholic
beverages. Any changes to the approved use that would affect the parking demand of the snack
shop shall require Planning Commission approval.
3. The total number of parking spaces in the shared parking lots shall be 176 spaces.
4. No outdoor seating or dining area is allowed.
5. The runoff from washing and/or rinsing of restaurant equipment, including floor mats, food
preparation utensils and other coverings, shall drain internally to the sewer system only; under
no circumstances shall site run-off drain to the stormwater system.
6. The exterior of the premises including nearby parking areas shall be maintained in a neat and
clean manner at all times and trash/recycle facilities shall be located within and near the
building entrance to manage trash/recycle and prevent litter from patrons of the use.
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.
10. 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 or an extension of the permit has been granted. One or more extensions
of time for use inauguration may be requested. No extension shall be considered unless
requested at least thirty (30) days prior to the expiration date.
11. Prior to commencement of business, all shared parking facilities serving the shopping center
shall conform to the approved parking lot layout and with all applicable state and local parking
lot signage regulations and codes to the satisfaction of the Community Development Director,
Fire Department and Police Department as shown in Exhibit B of the Resolution.
12. A handicapped parking space compliant with the American Disabilities Act of 1990 as amended
shall be designated adjacent to the subject building and adjacent spaces shall be restriped in
accordance with all laws.
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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.
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.
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 Parking
Plan.
Section 7. 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.
AYES:
Comms.Allen,Hoffman,Chmn.Pizer
NOES:
Comm.Perrotti
ABSTAIN:
Comm.Darcy
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 09-18 is a true and complete record of the action taken by
the Planning Commis . n of the City of Hermosa Beach, California regular ee . g o my 21, 2009.
Ron Pizer, Chairman o On, VecrXry
July 21, 2009
Date
LEGAL DESCRIPTION OF SHOPPING CENTER
PARCEL 1:
Lots 7 and 10 of the Tracy Tract, in the City of Hermosa Beach, County of Los Angeles, State
of California, as per map recorded in Book 10, Page 44 of Maps, in the Office of the County
Recorder of said county.
PARCEL 2:
Lots 3, 4, 5, 6 and 7 of Scoles Tract, in the City of Hermosa Beach, County of Los Angeles,
State of California, as per map recorded in Book 11, Page 150 of Maps, in the Office of the
County Recorder of said county.
PARCEL 3:
Lots 1, 2, 16, 16, 17, 18 and 19 of the Tract No. 6917, in the City of Hermosa Beach, County
of Los Angeles, State of California, as per map recorded in Book 83, Page 16 of the Maps, in
the Office of the County Recorder of said county.
PARCEL 3A:
That portion of Montgomery Drive as shown on and dedicated by said map of Tract No. 6917,
vacated by Resolution No. N.S. 1894 and Resolution No. N.S. 2802 of the City Council of the
City of Hermosa Beach, certified copies of which were recorded respectively on November 28,
1955 and October 3, 1968 as Document Nos. 2179 and 2402 in Book 49632, Page 414 and
in Book D-4153, Page 33 of Official Records, in said Office of the County Recorder.
PARCEL 3B:
That portion of Aubrey Park as shown on and dedicated by said map of Tract No. 6917,
vacated. by Resolution No. N.S. 2801 of the City Council of the City of Hermosa Beach, a
certified copy of which was recorded on October 3, 1968 as Document No. 2404 in Book D-
4153, Page 39 of Official Records, in said Office of the County Recorder.
Except that portion of the northerly 13 feet of said land lying easterly of the southerly
prolongation of the easterly One of Lot 19 of said Tract No. 6917 which may pass with a
conveyance of Lot 20 of said Tract No. 6917.
PARCEL 4s
That portion of Lot 10, Block 84 of the second addition to Hermosa Beach, in the City of
Hermosa Beach, County of Los Angeles, State of California, as per map recorded in Book 3,
Pages 11 and 12 of Maps, in the Office of the County Recorder of said county, described as
follows:
Beginning at the northeasterly comer of said Lot 10; thence south 76 degrees, 34 minutes
west along the northerly dine of said lot to the most northerly corner of Lot 1, Scole Tract, as
per map recorded in Book 11, Page 150 of Maps; thence southerly along the northeasterly lines
of Lots 1 to.7 of said Scoies Tract, to the most easterly comer of Lot 7 of said tract; thence
northeasterly in a direct line to the southerly terminus of that certain westerly boundary line
of Tract No. 6917, as per map recorded in Book 83 of Maps, records of said county, having
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a bearing of south 31 degrees, 34 minutes west and a length of 92.33 feet; thence along said
westerly boundary line North 31 degrees, 34 minutes East 92.33 feet to the point of
beginning.
PARCEL 4A:
That portion of Lot 10 in Block 84 of the second addition to Hermosa Beach, in the City of
Hermosa Beach, County of Los Angeles, State of California, as per map recorded in Book 3,
Pages 11 and 12 of Maps, in the Office of the County Recorder of said county, described as
follows:
Beginning at the intersection of the southwesterly line of said Lot 10, with the most southerly
comer of Scoles Tract, as per map recorded in Book 11, Page 150 of Maps, records of said
county; thence along the southeasterly line of Scoles Tract and its prolongation, North 31
degrees, 34 minutes East 268.67 feet, more or less, to the southerly terminus of that certain
westerly boundary line of Tract No. 6917, as per map recorded in Book 83, Page 16 of Maps,
records of said county, having a bearing of South 31 degrees, 34 minutes West and a length
of 92.33 feet; thence along the westerly boundary line of said Tract No. 6917, South 00
degrees, 47 minutes, 00 seconds West 282.30 feet to the southwesterly line of said Lot 10;
thence northwesterly, along said southwesterly line being a curve concave northeasterly and
having a radius of 368.40 feet, a distance of 145.91 feet to the point of beginning.
PARCEL 5:
The northeasterly 40 feet of that portion of Santa Fe Avenue (known as Pier Avenue) 80 feet
wide, as shown on and dedicated by the map of the second addition to Hermosa Beach, in the
City of Hermosa Beach, County of Los Angeles, State of California, as per map recorded in
Book 3, Pages 11 and 12 of maps, in the Office of the County Recorder of said county,
vacated by Resolution No. N.S. 2800 of the City Council of the City of Hermosa Beach, a
certified copy of which was recorded on October 3, 1968 as Document No. 2403 in Book D-
4153, Page 36 of official records n said Office of the County Recorder.
Except that portion lying northerly of the southwesterly prolongation of the northwesterly line
of Lot 3 of the Scales Tract, as per map. recorded in Book 11, Page 150 of the maps, in the
Office of the County Recorder.
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