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HomeMy WebLinkAboutPC Resolution 08-37 - (238 Pier Gum Tree)P.C. RESOLUTION 08-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO CLASSIFY A CAFE AS A SNACK SHOP FOR PURPOSE OF CALCULATING PARKING REQUIREMENTS AND TO INCLUDE PAYMENT OF AN IN -LIEU FEE FOR LESS THAN REQUIRED PARKING, AND CONDITIONAL USE PERMIT FOR OUTDOOR DINING AND OUTDOOR GATHERINGS AT 238 PIER AVENUE, LEGALLY DESCRIBED AS LOT 19, BLOCK 48, FIRST ADDITION TO 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 Lori and Will ford seeking approval for a Parking Plan to classify a cafe as a 'snack shop' for purpose of calculating parking requirements and to include the possible payment of an in -lieu fee for less than required parking, and Conditional Use Permit for outdoor dining and outdoor gatherings in conjunction with minor alterations to the interior layout of an existing retail use on property at 238 Pier Avenue. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Conditional Use Permit 08-9 and Parking Plan 08-3 on August 19, 2008, 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, allowing outdoor dining and gatherings with approval of a Conditional Use Permit and reduction in parking requirements in accordance with a Parking Plan. 2. Applicant requests to convert an existing retail/office use within an existing 1,445 square feet building to retail space and snack bar, and approximately 400 square feet of lawn to outdoor seating with not more than 25 seats together with use of the rear deck for small gatherings a maximum of 4 times per month. 3. Snack bar hours are proposed not to exceed Tuesday through Sunday 7 AM to 7 PM; store hours will not exceed Tuesday through Saturday 11 AM to 7 PM and Sunday 12 Noon to 6 PM; and small outdoor gatherings would likely occur on the weekends during normal operating hours. 4. The proposed business 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 Type 1 range hoods are prohibited. Based on the foregoing, the Planning Commission makes the following findings: Pursuant to H.B.M.C. Sections 17.44.030(0) and 17.44.210, retail commercial parking requirements (one space per 250 square feet of additional floor area) are appropriately applied to the snack shop due to seating limitations and limited cafe floor area (less than 700 square feet constituting about 37% of the gross floor area including the proposed front patio). Also, the business will exhibit a mix of uses, and it is probable that a share of visitors to the site will walk from other locations in the downtown which are concurrently visited, rather than creating a significant number of single purpose trips. The application of retail parking requirements to the 400 square foot of increased floor area nonetheless creates an unmet parking demand of two spaces, of which one or both are impractical to supply onsite due to existing lot coverage. 2. 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 building floor area ,to building site is less than 1:1. 3. Pursuant to H.B.M.C. Section 17.56,020 the site is suitable for the proposed outdoor uses in conjunction with the business and is compatible with surrounding commercial and residential uses as stated in the staff report, subject to the conditions required by this resolution. 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 400 square feet of lawn for outdoor dining, and all necessary public service, access and facilities are available. Section 5. Based on the foregoing, the Planning Commission hereby approves Parking Plan 08-3 and Conditional Use Permit 08-9, 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 August 19, 2008. Minor modifications to the plans required to comply 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' as defined in the Hermosa Beach Municipal Code Section 17.04.050, including no more than 25 seats, no waiter/waitress table service except queuing, (intermittent delivery of purchased goods), shall not serve full meals or have a kitchen capabfe 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 alcoholic beverages. 4. Outdoor gathering such as bridal showers on the rear deck shall not exceed 15 persons, and outdoor seating on the front patio shall not exceed 14 persons, provided that occupancy and arrangement of space shall comply with all fire, building and accessibility codes. 5. Outdoor seating and occupancy of the patio shall be limited to customers of The Gum Tree. 6. The outdoor seating area and premises shall be maintained in a neat, clean, litter and graffiti -free manner at all times. 7. Outdoor dining and gatherings shall be limited to 7:00 AM to 8:00 PM seven days per week. 8. Parking In -Lieu Fees in the amount of $28,900 per parking space in place of any required parking not supplied onsite shall be deposited into the Parking Improvement Fund prior to issuance of the certificate of building occupancy pursuant to Section 17.44.040 of the 2 Municipal Code. In addition, onsite garage spaces shall be accessed remotely, such that vehicles are not stopped in the public right of way. 9. Outdoor activities shall not adversely affect the welfare of residents and/or commercial establishments nearby. No entertainment, speakers or televisions are allowed in the outdoor seating area. 10. 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. 11. No structures or elements associated with the use or its construction shall encroach onto the public right of way without written permission from the City of Hermosa Beach, including issuance of an Encroachment Permit if required. 12. Any installation of exterior lighting shall be downcast, shall not shine on neighboring properties and bulbs shall not be visible to pedestrians or residences, and shall be the minimum intensity necessary for the intended use. 13. Conversion of the lawn area to patio shall be performed in a manner that maintains the viability of the adjacent planters with live plants, and the front patio shall be constructed of permeable materials (such as pavers or permable pavement) and properly maintained so as to reduce stormwater runoff, and any drainage facilities required shall comply with the requirements of the Public Works Department. 14. The runoff from washing and/or rinsing of snack bar tables, equipment, floor mats, food preparation utensils and other coverings, shall drain to the sewer system only and shall under no circumstances drain to the stormwater system. 15. The project shall comply with the requirements of the Building, Fire and Public Works Departments. 16. Solid waste facilities/containers adequate for the use and fully screened in compliance with Municipal Code Section 8.12.220 shall be provided. 17. 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. I 18. The Conditional Use Permit shall not be effective until all procedures prescribed under Chapter 17.56 of the H.B.M.C., all Conditions of Approval have been complied with, and all permits required by the California Coastal Commission have been obtained. The Conditional Use Permit shall be null and void two (2) years from the date of approval unless building permits have been obtained. The applicant may apply in writing for an extension of time to the Planning Commission prior to the date of expiration. 19. 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 Conditional Use Permit. 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. 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 Conditional Use Permit. 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. and Conditional Use Permit, including payment of all in -lieu parking fees. The Conditional Use Permit and 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. 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,Darcy,Hoffman,Pizer NOES: None ABSTAIN: None ABSENT: Chmn.Perrotti CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 08-37 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of August 19, 2008. P_" PV4, Ron izer, Vice-Chairm n Au st 19 2008 Date en R ertson, Secretary