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HomeMy WebLinkAboutCC 99-6015 (53 Pier Ave)2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11' c e- f-4' f fiJ'Q,l ~ fe~ RESOLUTION NO. 99-6015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING, IN PART, THE DECISION OF THE PLANNING COMMISSION TO APPROVE A CONDITTONAL USE PERMIT AMENDMENT AND PARKING PLAN TO ALLOW THE EXPANSION OF AN EXISTING RESTAURANT WITH ON-SALE ALCOHOL (ALLOWJNG THE CHANGE OF USE OF 1150 SQUARE FEET OF OFFICE TO RESTAURANT USE) AND TO ALLOW THE PAYMENT OF FEES IN-LIEU OF PARKIN'G AND SUSTAINING, IN PART, THE APPEAL RELATIVE TO THE ALLOCATION OF PARKING CREDITS FOR OUTDOOR DINING A 53 PIER A VENUE, LOCATED IN THE SECOND FLOOR OF THE LORETO PLAZA COMMERCIAL BUILDJNG, LEGALLY DESCRIBED AS LOTS 22, 23, AND 24, BLOCK 13 HERMOSA BEACH TRACT Section 1. An application was filed by Gary Vincent, owner of the business "Fat Face Fenner's Fishack", seeking approval to expand an existing restaurant with on-sale alcohol. The applicant is proposing to expand 1150 square feet by converting existing office space to restaurant use within the building, requiring an amendment to the existing Conditional Use Permit, and requiring a Parking Plan pursuant to Section 17.44.210 of the Zoning Ordinance to allow the change of use with less than required parking based on a payment of fees in-lieu of required parking (Section 17.44.190). Section 2. The Planning Commission on May 17, 1999 conducted a duly noticed public hearing to consider the application for amendment of a Conditional Use Permit and Parking Plan, and based on the testimony and evidence, both written and oral, which was presented to and considered by the Planning Commission, approved the requested amendment subject to conditions as contained in P.C. Resolution 99-27. Section 3. The City Council on July 13, 1999 conducted a duly noticed public hearing to consider the appeal of the Planning Commission decision to approve the subject amendments to -1- I :,, I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 the Conditional Use Permit and Parking Plan, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 4. Based on evidence received at the public hearing, the City Council makes the following factual findings : 1. On January 13, 1998, the Planning Commission approved the applicant's request for on-sale alcohol, live entertainment, and extended hours in conjunction with an existing restaurant use located within the second floor of the Loreto Plaza commercial building (previously "Casablanca" restaurant). 2. The applicant proposes to expand the restaurant by converting 1,150 square feet of the contiguous building interior ( existing office space) utilizing a shared kitchen with no through pedestrian access. 3. The change of use to a more intense use requires additional parking pursuant to Section l 7.44. l 40(E) of the Zoning Ordinance. The applicant proposes to contribute fees in-lieu of parking pursuant to Section 17.44.190. 4. Given the existing lot size and building coverage it is not feasible to provide additional off-street parking on site without a complete redevelopment of the site. Section 5. Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application to amend the Conditional Use Permit and Parking Plan: 1. The site is zoned C-2, and is suitable for the proposed use with the proposed 24 amendment; 25 26 27 28 2. The existing use with the proposed expansion 1s compatible with surrounding commercial and residential uses. -2- .,, . . 3. The imposition of conditions as required by this resolution will mitigate any negative 2 impacts on nearby residential or commercial properties. 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 26 27 28 4. Calculating the increased parking requirement based on the credit for a previous restaurant banquet use converted to office/retail within the building, and pursuant 17.44 .140 (E) when the use of an existing building is changed to a more intense use, and applying a portion of the credit to outdoor dining (2 parking spaces), results in a net additional off-street parking requirement of five (5) spaces for the proposed expansion. No additional parking credits are available for the two Loreto Plaza buildings (49 and 53 Pier Avenue) as long as the applicant operates the restaurant as contemplated in this permit. 5. In accordance with the City's outdoor dining regulations for Pier Avenue (Section 12.16.100 of the Municipal Code) and in order to avoid pedestrian/food service conflicts and resulting safety hazards on the upper walkway, outdoor dining on the bridge must be adjacent to a restaurant food service area. Thus outdoor dining on the bridge must not occur until and unless a Certificate of Occupancy is issued for the approved expansion area for its use as a restaurant. 6. The City Council, at its meeting of May 25, 1999, continued the parking in-lieu fee program, and determined that the parking in-lieu fee is $12,500 per required parking space, payable in lump sum prior to issuance of Certificate of Occupancy. 7. This project is Categorically Exempt pursuant to Section 15303c of the California Environmental Quality Act. Section 6. Based on the foregoing, the City Council hereby sustains, in part, the Planning Commission decision to approve the Conditional Use Permit Amendment and Parking Plan, and sustains, in part, the appeal relative to allocation of parking credits for outdoor dining, subject to -3- 1 the following Conditions of Approval superseding the Conditions of Approval in P.C. 2 Resolution 99-27: 3 4 CONDITIONS OF THE PARKING PLAN: 5 1. 6 7 8 2. 9 10 11 12 13 14 15 3. 16 17 18 4. 19 20 21 The proposed expansion shall be substantially consistent with approved plans. Modifications to any of the plans shall be reviewed and may be approved by the Community Development Director. In order to compensate for required parking that cannot be provided on site, the applicant shall contribute fees to the City's parking improvement fund in lieu of the required five (5) parking spaces, as set forth in Section 17.44.190 of the Zoning Ordinance, at the amount of $12,500 per required space as set forth by resolution of the City Council. The payment of fees in-lieu of parking shall be made prior to issuance of a Certificate of Occupancy for the approved expanded area of the restaurant. The parking credit of four spaces for the building based on the conversion of a former restaurant banquet room to retail/office use is specifically restricted to the Parking Plan for the subject restaurant expansion. Outdoor dining on the bridge over the public right-of-way shall not be permitted, nor shall parking credits be used for outdoor dining purposes, until, or unless, a Certificate of Occupancy is issued for the approved restaurant expansion. 22 23 CONDITIONS FOR THE OPERATION OF THE RESTAURANT WITH ON-SALE ALCOHOL AND LIVE ENTERTAINMENT: 24 5. 25 26 27 28 The hours for live entertainment within the northerly portion of the restaurant shall be limited to the hours between 9:00 P.M. to 1:15 A.M. Monday through Friday, and from 2:00 P.M. to 1:15 A.M. on Saturday, Sundays, and Federal and State Holidays, Cinco De Mayo, and St. Patrick's day. Live entertainment shall not be permitted in -4- • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6. 7. 8. 9. 10. 11. 12. the expanded restaurant area at the south end of the building which is the subject of this amendment. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business and in nearby public areas. 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. The Police Chief may determine that a continuing police problem exists, and may authorize the presence of a police approved doorman and/or security personnel to eliminate the problem, and then shall submit a report to the Planning Commission, which will automatically initiate a review of this conditional use permit by the Commission. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. Any significant changes to the interior layout, which would alter the primary function of the business as a restaurant, shall be subject to review and approval by the Planning Commission. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. CONDITIONS RELATING TO LIVE ENTERTAINMENT AND NOISE: 13. If entertainment is to include amplified live entertainment, an acoustical study shall be reviewed and approved by the Community Development Director and shall be implemented in the building. 26 14. Management shall be responsible for maintaining music/entertainment volumes at reasonable levels. 27 28 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. 17. During any live entertainment and/or dancing, the exterior doors and windows shall remain closed. The building shall be equipped with air conditioning to ensure comfort of patrons during live entertainment, and compliance with this condition. All exterior glass windows or doors shall be equipped with double-pane glass or a comparable substitute with equivalent sound dampening properties to the satisfaction of the Community Development Director. 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. Noise emanating from the property shall be monitored to verify compliance with the noise ordinance in response to any complaints. Section 7. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed a 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 Amendment and Parking Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate -6- • I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's fees _which 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 condition. 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. The Planning Commission may review this Conditional Use Permit and Parking Plan and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detri~ental effects on the neighborhood resulting from the subject use. D AND ADOPTED THIS 13TH DAY OF JULY, 1999. · City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: -7- DATE: TO: FROM: City of Hermosa Beach Memorandum August 25, 1999 File Ken Robertson, Associate Planner SUBJECT: P.C. Resolution 99-35, Superseded by Action of the City Council The resolution to allow outdoor dining prior to occupancy of the restaurant expansion area adjacent thereto, has been superseded by the Council action on the appeal of the CUP and Parking Plan for the expansion, as set forth in City Council Resolution 99-6105, which requires that outdoor dining can only occur when a Certificate of Occupancy is obtained for the expanded area.