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HomeMy WebLinkAboutPC Reso 09-13 (1439 PCH-Chipotle)P.C. RESOLUTION 09-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR 500 SQUARE FEET OF OUTDOOR DINING/SEATING IN CONJUNCTION WITH A NEW RESTURANT “CHIPOTLE MEXICAN GRILL” AT 1439 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS LOT 10, BLOCK 80, SECOND 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 Chipotle Mexican Grill, represented by Elizabeth Valerio, seeking approval for a Conditional Use Permit for 500 square feet of outdoor dining/seating in conjunction with a new restaurant on a parcel shared with Union Bank of California at 1439 Pacific Coast Highway. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Conditional Use Permit 09-4 on June 16, 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 SPA-8, Specific Plan Area 8, allowing the same type of commercial uses as C-3 (General Commercial). 2. The subject site encompasses 34,510 square feet, is leased for two building and two tenancies, Union Bank of California and Chipotle Mexican Grill. Chipotle Mexican Grill will occupy that portion of the lot that was formerly occupied by International House of Pancake Restaurant (IHOP) which was demolished in May 2009. 3. Applicant has obtained a building permit to construct a 2,700 square feet restaurant with an outdoor dining/seating area of approximately 500 square feet (13’ by 40’) located south of the new restaurant building. Pursuant to Section 17.26.050(B), the proposed outdoor dining/seating requires approval of a Conditional Use Permit. 4. Five parking spaces are provided for the outdoor dining area of approximately 500 square feet in compliance with Section 17.44.030 of the Zoning Ordinance which requires one parking space for every 100 square feet of gross floor area. 5. The outdoor dining area can be accessed from inside the restaurant and the parking lot; a wrap around planter provides separation between the outdoor dining area and the parking lot. Section 4. Based on the foregoing, the Planning Commission makes the following findings: 1. Pursuant to H.B.M.C. Sections 17.40.020, the project will not impact residential or sensitive uses, will not cause significant noise or odor impacts, services are available as the outdoor dining is an accessory use to the restaurant, parking will be adequate and the use will generally be compatible with commercial uses and the surroundings as follows: A. Distance from existing residential uses: The closest residential uses are located north of the shopping center across 16th Street and east of the Pacific Coast Highway behind other commercial 1 uses (hotel and automotive retail/service). Outdoor dining is not expected to cause any significant adverse conditions to these nearby residential uses as the subject restaurant fronts Pacific Coast Highway and is buffered by other commercial uses. However, to alleviate possible concerns regarding noise of light, Conditions of Approval will restrict outdoor dining hour to no later than 10:00 p.m. consistent with other outdoor dining in the vicinity. B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: Parking for the restaurant with outdoor dining and the existing bank is provided to comply with the aggregate required spaces for the combined uses on the property as required by Section 17.44.070 of the Zoning Ordinance. Section 17.44.030(E) requires one parking space for each 100 square feet of gross floor area for the restaurant and outdoor dining area, and one parking space for each 250 square feet for the bank, resulting in a total requirement of 46 spaces. The plan provides for 46 parking spaces shared between the two uses to meet this requirement. The CUP approved in 2001 for Union Bank for the drive-through also requires that parking be shared amongst the two uses on the parcel with no exclusive parking signage. C. Location of and distance to churches, schools, hospitals and public playgrounds: There are no churches, school, hospitals and public playgrounds located within a 500-foot radius of the subject location. The closest school (Hermosa Valley School) is located 1,000 feet to the west and would not be affected by noise at the outdoor dining area. D. The combination of uses proposed: The combination of banking service and restaurant with outdoor dining proposed on the subject site are consistent with the intent of the SPA-8 zone and General Plan designation. E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses: The proposed outdoor dining use is compatible with other intense commercial uses existing along the Pacific Coast Highway. Given the noise dominated environment along Pacific Coast Highway and condition to restrict outdoor dining hour to no later than 10:00 p.m., it’s unlikely that the use will generate noise concerns. F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area: Access to the subject restaurant is via shared driveways on the west side of Pacific Coast Highway and north side of Pier Avenue, as well as the driveway from 15th Street. Parking for the prior use, IHOP, was nonconforming. Parking for the restaurant and outdoor dining area has expanded by 4 spaces in conformance with the code, which will better accommodate onsite parking demand while not significantly increasing traffic generation. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: The design new building and its materials have been approved pursuant to a building permit and zoning clearance. The outdoor dining area is compatible with the modern 'minimalistic' design, which is compatible with other commercial buildings. The outdoor dining area includes wrap-around planters providing a visual amenity and break between the sidewalk and improvements; staff has also recommended a noise/pollutant barrier which can be located behind the planter and should not detract from the aesthetics as it is assumed the barrier would be of a translucent material. The proposed outdoor dining area is accessory to the new restaurant which will incorporate signage that complies with Section 17.50.140 of the sign code. H. The number of similar establishments or uses within close proximity to the proposed establishment: Currently, there are three businesses on Pacific Coast Highway with outdoor dining approval and all are located more than 500 feet from the proposed location. The addition of the proposed restaurant with outdoor dining will not constitute a saturation of similar use. 2 I. Noise, odor, dust and/or vibration that may be generated by the proposed use: The environment is dominated by Pacific Coast Highway corridor, which is an arterial with attendant noise and other traffic related impacts. However, to ensure that noise impacts are not adverse to residential uses in the vicinity, staff is recommending the outdoor dining be closed at 10:00 p.m., consistent with other businesses that offer outdoor dining in the vicinity along Pacific Coast Highway. Two exterior lighting fixtures are proposed along each exterior wall. To reduce impacts associated with lighting, staff recommends all lighting be full-cut off or shielded, downcast, of minimum intensity and, with the exception of low intensity security lighting, be turned off between 11:00 p.m. and sunrise. J. Impact of the proposed use to the city's infrastructure, and/or services: The primary use is the same as the previous lessee (IHOP) and the outdoor dining area will have minimal utility demands. K. Will the establishment contribute to a concentration of similar outlets in the area: The addition of outdoor dining will not constitute a saturation of similar use since there are only three other businesses with outdoor dining approval along Pacific Coast Highway (Round Table Pizza, Rocky Cola and El Pollo Inka). L. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole: The project is consistent with the General Plan; Pacific Coast Highway is a major commercial corridor and is suitable for general commercial uses such as restaurants, gas stations and hotels. This project is Categorically Exempt pursuant to 15302, Class 2 of the California Environmental Quality Act Guidelines, which allows for replacement of facilities where the new structure will be located on the same site and is substantially the same size, purpose and capacity. However, the project is conditioned to protect water quality by prohibiting washing food wastes offsite. Section 5. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15302, Class 2 of the California Environmental Quality Act Guidelines, which allows for replacement of facilities where the new structure will be located on the same site and is substantially the same size, purpose and capacity. Section 6. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 09-4, 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 June 16, 2009. 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. 4. Outdoor seating and occupancy of the outdoor area shall be limited to customers of Chipotle Mexican Grill. 5. The outdoor seating area and premises shall be maintained in a neat, clean, litter and graffiti-free manner at all times. 6. Outdoor dining/seating shall be limited to 7:00 a.m. to 10:00 p.m. seven days per week. 3 7. Parking available on the property shall be shared between all tenants on the subject parcel. Any posted signs or restrictions regarding use of the parking on the property shall permit parking in all spaces for customers of both tenants (currently, Union Bank of California and Chipotle Mexican Grill). 8. The use is limited to outdoor dining. No entertainment, speakers, televisions or similar media are allowed in the outdoor dining/seating area. 9. Noise emanating from the outdoor dining/seating area and 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. 10. 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. 11. 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. With the exception of low intensity security lighting, all exterior lighting shall be turned off between 11:00 p.m. and sunrise. 12. Solid waste facilities/containers adequate for the use and fully screened in compliance with Municipal Code Section 8.12.220 shall be provided. 13. The runoff from washing and/or rinsing of 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 storm water system. 14. The landscape planter shall be planted with live drought-tolerant plants and shall be well maintained. 15. 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. 16. Should the business determine to provide beer and wine service in compliance with H.B.M.C Section 17.26.030, said beer and wine service shall additionally be allowed within the outdoor dining area, provided the business shall comply with all provisions of the Department of Alcohol Beverage Control pertaining to maintenance of a railing for separation from the surrounding area, and alcoholic beverages served within the outdoor dining area shall not be served in disposable cups. 17. Any person conducting business in the City must comply with business license requirements in Chapter 5.04 of the H.B.M.C. 18. The project shall comply with the requirements of the Building, Fire and Public Works Departments. 4