HomeMy WebLinkAboutPC Resolution 08-44 - (727 PCH, Winehound)P.C. RESOLUTION 08-44
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW ON SALE BEER AND WINE TASTING IN CONJUNCTION
WITH RETAIL OFF SALE BEER AND WINE (ALLOWED USE) WITHIN AN
EXISTING RETAIL BUILDING AT 727 PACIFIC COAST HIGHWAY, LEGALLY
DESCRIBED AS A PORTION OF LOTS 2, 3 AND 4, BLOCK A, REDONDO
HERMOSA 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 TVM Brix, DBA 'The Winchound' seeking approval for
on -sale beer and wine tasting in conjunction with retail off sale beer and wine (allowed use) within an
existing 4,000 square foot retail building, including minor alterations to the interior layout to install an
office, storage room and two bathrooms.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
application for a Conditional Use Permit on October 21, 2008, at which testimony and evidence, both
oral and written, was presented to a considered by the Planning Commission.
Section 3. The project is categorically exempt from the requirements of California
Environmental Quality Act pursuant to CEQA Guidelines, Section 15301 Existing Facilities as the
project involves a use of equivalent intensity as the prior use within an existing building located in an
urbanized area, involves only minor exterior alterations to the building, and all necessary public services,
access and facilities are available.
Section 4. Based on the testimony and evidence received the Planning Commission makes the
following factual findings:
1. The site is zoned SPA-7, Commercial Corridor, which allows on -sale beer and wine tasting with
approval of a Conditional Use Permit.
2. The site has been zoned and occupied by commercial/retail uses since prior to 1943 and will
continue to be used for retail and commercial uses, no additional floor area is being created and
no additional parking is required.
3. H.B.M.C. Sections 17.38.320 SPA-7 Commercial Development Standards; 17.40.020 General
Criteria For All Uses, and 17.40.080 On Sale Beer and Wine Uses contain development
standards relevant to this proposal.
4. The 675 square foot tasting area will be separated from the remaining retail area by a 2'6" barrier
wall and gate.
5. The site's proposed floor layout, including the two (2) bathrooms onsite will provide for mobility
impaired patrons.
6. The existing site is nonconforming to landscape requirements set forth in HBMC section
17.38.320 as it contains less than 5% landscaped area.
7. Pursuant to HBMC section 17.38.320, 17.40.020 and 17.40.080, the site is considered suitable
for the proposed on sale beer and wine tasting:
a. Tasting shall be designed, arranged and conducted as an ancillary component of the retail
use, so that the retail use is open concurrently with tasting.
b. The use is sufficiently distant from the Pier Plaza area and limited in hours to ensure that
the use will not exacerbate any existing Pier Plaza issues and a concentration of on sale
beer and wine establishments is not present in the project area.
c. The use is located on a major retail corridor. Limitations on hours, music and
entertainment, noise, and the manner of operation will reduce the potential for the use to
cause disturbances. to nearby residences or the neighborhood relating to noise and
disturbance of the peace and ensure compatibility with existing establishments in the
area.
d. The use is similar in intensity to the prior use, the design provides the required lb
parking spaces, and circulation will be ensured with installation of signage to maintain
access to the site and directional parking signage.
e. The exterior of the building will be refurbished, provision of landscaping will reduce
nonconformance with the requirements of the SPA-7 zone, and trash cans shall be
enclosed at all times and waste management shall comply with the Municipal Code.
f. The conditions of approval include operational requirements to ensure the neighborhood
is not affected by patrons at and leaving the use.
g. The use is within an existing building and of similar intensity to the prior use, and all
utilities are currently provided to the site.
Section 5. Based on the foregoing, the Planning Commission hereby approves Conditional Use
Permit 08-11 to allow on -sale beer and wine tasting subject to the following Conditions of Approval:
1. Interior and exterior improvements for the beer and wine tasting use and operation of the
retail and tasting uses shall be substantially consistent with the plans approved by the Planning
Commission on October 21, 2008.
2. The size and layout of the tasting area shall be limited to 675 square feet and physically
separated from retail space and the bar/counter and table layout shall be installed and
maintained as shown on the approved Furniture Plan CUP-1.1 dated September 22, 2008;
before any alterations to the layout of this area can occur, the proposal must be approved in
writing by Planning Commission.
3. No seating shall be installed within the tasting area, as shown on the approved Furniture Plan
CUP-1.1 dated September 22, 2008 except as may be required to conform to code requirements
or ensure reasonable accommodation to disabled/elderly persons.
4. The hours of operation shall be limited from 11:00am to 9:00pm daily.
5. Tasting is an ancillary use to the main retail use; the tasting area shall only be opened and
accessible to the general public while the retail use is open and operating under staff
management. Activities or furnishings that promote tasting as predominant over retail sales are
not permitted.
6. All tasting activities shall occur within the 675 square foot tasting area shown on approved
Furniture Plan CUP-1.1 dated September 22, 2008.
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7. Tasting events are limited to twenty (20) people per event and three scheduled (3) tasting
events per day.
8. Tasting by individuals shall be restricted to sampling 1 or 2 oz servings of wine or beer offered
for purchase; tastings shall be limited to six servings per customer per event.
9. Signs shall be posted at the entry to the tasting area, as well as the interior of the wine tasting
area stating.
"NO PERSON UNDER 21 ALLOWED"
"OPEN VESSELS ARE NOT PERMITTED BEYOND THIS POINT"
Said signs shall be no less than 7" x 11" in size and contain lettering no less than 1" in height.
10. The business shall ensure one (1) managerial staff member familiar with the terms of this
Conditional Use Permit is onsite at all times during the hours of 4pm to 9pm daily to provide
adequate patron supervision and to minimize the risk of loitering, unruliness and boisterous
activities of patrons on and immediately outside the premises.
11. The property shall be kept free of litter and maintained in a clean and orderly manner at all
times.
12. Noise emanating from the property shall be within the limitations prescribed by the City of
Hermosa Beach's Municipal Code Chapter 8.24.
13. No live, amplified music is permitted onsite at any time. One stereo system is permitted onsite
provided that the stereo music shall not be audible from outside the building.
14. The waste management onsite shall at all times comply with all provisions of the Hermosa Beach
Municipal Code chapter 8.12 Garbage Collection and Disposal. Trash containers shall be stored
within the enclosure marked on approved Furniture Plan CUP1.0 dated September 22, 2008 at
all times except as permitted under the Municipal Code.
15. The project shall comply with the requirements of the Fire Department.
16. The City, at its discretion, shall install 'keep clear' road markings on the southern lane of 8th
Street at the vehicle curb cut/entrance to the rear parking lot; the City may, at its discretion seek
reimbursement for this road marking work from the applicant.
17. The applicant shall install a directional sign on the northern elevation stating
Said signs shall be no greater than 12" x 24" in size and contain Iettering no less than 4" in
height.
18. After reviewing this Conditional Use Permit, the Planning Commission may amend the above
conditions and/or impose any new conditions deemed necessary to mitigate detrimental
impacts on the neighborhood arising from use of the premise, including further restrictions on
the hours of opening.
19. The parking lot shall be well lit from sunset until half an hour after closing; all exterior
lighting shall be full cutoff, and installed and maintained so that light intensity is the minimum
necessary for the intended use, with spill directed downwards to minimize glare impacts to
adjoining properties.
20. Two (2) trees of native drought tolerant species that grow no higher than fifteen (15) feet to
minimize irrigation requirements and to prevent root damage on adjoining properties shall be
installed in the southwest corner of the parking lot. Trees shall he located so that they do not
encroach on required parking space dimensions and planted areas shall be designed to allow
surface water to drain into the soil beneath the trees in line with HBMC Chapter 8.44
Stormwater and Urban Runoff Pollution Control Regulations. A landscaping plan shall be
approved by the Director of Planning prior to site occupation.
21. If the three (3) trees located along the adjoining residential property's eastern property line are
removed, the subject site owner shall install three replacement trees consistent with the above
condition on the subject site to maintain the existing tree line and tree coverage.
22. Deliveries shall be scheduled on a staggered manner and limited to between the hours of
9:00am and 5:00pm.
23. Building plans/drawings submitted for building permit issuance shall be reviewed for
consistency with the plans approved by the Planning Commission and the conditions of this
resolution, and approved by the Community Development Director prior to the issuance of any
Building Permit.
24. 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.
Section 6. This grant shall not be effective for any purposes until the pernuttee 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 shall be recorded and proof of recordation shall be submitted to the
City of Hermosa Beach.
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 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.
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 Conditional Use Permit.
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.
VOTE: AYES:
Allen, Hoffinan, Darcy and Chairman Perrotti
NOES:
Pizer
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 08-44 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
October 21, 2008.
Sam Perrotti, Chairman ob s-h-., Secretary
October 21, 2008
Date
F:b95\cd\pc\2008\1 0-21-0 81727-PCH-Reso