HomeMy WebLinkAbout2010-12-01 PC AGENDAAGENDA
PLANNING COMMISSION MEETING
CITY OF HERMOSA BEACH
CITY HALL COUNCIL CHAMBERS
1315 VALLEY DRIVE
HERMOSA BEACH, CA 90254
December 1, 2010
7:00 P.M.
Kent Allen, Chairman
Shawn Darcy, Vice Chairman
Sam Perrotti
Ron Pizer
Peter Hoffman
Note: No Smoking Is Allowed in The City Hall Council Chambers
THE PUBLIC COMMENT IS LIMITED TO THREE MINUTES PER SPEAKER
Planning Commission agendas and staff reports are available for review
on the City’s web site at www.hermosabch.org.
Written materials distributed to the Planning Commission within 72 hours
of the Planning Commission meeting are available for public inspection immediately
upon distribution in the Community Development Department during normal business hours
from Monday through Thursday, 7:00 a.m. - 6:00 p.m. and on the City’s website.
Final determinations of the Planning Commission may be appealed to the City Council within
10 days of the next regular City Council meeting date. If the 10th day falls on a Friday
or City holiday, the appeal deadline is extended to the next City business day.
Appeals shall be in written form and filed with the City Clerk's office, accompanied by
an appeal fee. The City Clerk will set the appeal for public hearing before
the City of Hermosa Beach City Council at the earliest date possible.
If you challenge any City of Hermosa Beach decision in court, you may be limited
to raising only those issues you or someone else raised at the public hearing
described on this agenda, or in a written correspondence delivered to the
Planning Commission at, or prior to, the public hearing.
To comply with the Americans with Disabilities Act (ADA) of 1990, Assistive Listening Devices
will be available for check out at the meeting. If you need special assistance to participate
in this meeting, please call or submit your request in writing to the Community Development
Department at (310) 318-0242 at least 48 hours (two working days) prior to the meeting time
to inform us of your needs and to determine if/how accommodation is feasible.
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1. Pledge of Allegiance
2. Roll Call
3. Oral / Written Communications
Anyone wishing to address the Commission regarding a matter not related to a public
hearing on the agenda may do so at this time.
Section I
Consent Calendar
4. Approval of the November 16, 2010 action minutes
5. Resolution(s) for consideration
a) Resolution P.C. 10-17 approving a Conditional Use Permit amendment to modify the
floor plan and add outdoor dining (a covered open air dining area within the existing
building footprint) and a walk-up window in conjunction with a restaurant with on-sale
beer and wine (replacing “Ragin Cajun Café”) and an existing parking plan at 420 - 422
Pier Avenue.
THE RECOMMENDATIONS NOTED BELOW ARE FROM THE PLANNING STAFF AND ARE RECOMMENDATIONS
ONLY. THE FINAL DECISION ON EACH ITEM RESTS WITH THE PLANNING COMMISSION. PLEASE DO NOT
ASSUME THAT THE STAFF RECOMMENDATION WILL BE THE ACTION OF THE PLANNING COMMISSION.
Section II
Public Hearing(s)
6. PDP 10-11 / VAR 10-2 -- Precise Development Plan and Sign Variance to construct a
surface public parking lot and a 12-foot high freestanding sign with a 17± square foot
illuminated double-faced sign (including a 7± square foot electronic moving message
display) on a vacant lot in the C-2 zone, at 1429 Hermosa Avenue (continued from the
November 16, 2010 meeting).
Staff Recommended Action: To continue to the January 18, 2011 meeting as requested by
the applicant.
7. CUP 10-11 -- Conditional Use Permit Amendment to convert space within the parish school
building to a preschool, add a 1,700 square foot outdoor pre-school play area, and convert two
residences to office space, by consolidating the properties encompassing the church, parish
school building and two residences into one parcel (Our Lady of Guadalupe Church) at
320/440 Massey Street; 234/244 Prospect Avenue; 1225/1239 5th Street.
Staff Recommended Action: To adopt the resolution approving subject Conditional Use
Permit Amendment.
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8. PARK 10-7 / PDP 10-12 -- Parking Plan Amendment to change the allocation of uses from
a mix of retail, storage, office and snack shop to all office with less than required parking
and Precise Development Plan Amendment for minor modifications to exterior architectural
features at 338-400 Pier Avenue.
Staff Recommended Action: To adopt the resolution approving subject Parking Plan and
Precise Development Plan Amendments.
9. CUP 10-12 -- Conditional Use Permit Amendment to delete or modify the condition
restricting the number of televisions at an existing restaurant with on-sale general alcohol
and live entertainment (Watermans Hb) at 22 Pier Avenue.
Staff Recommended Action: To direct staff as deemed appropriate.
10. PARK 10-8 -- Parking Plan to classify a new food establishment (Subway) as a ‘snack shop’
for the purpose of calculating parking requirements and to include possible payment of an in-
lieu fee for less than required parking at 136 Pier Avenue.
Staff Recommended Action: To direct staff to return with a resolution based on one of the
following options: 1) Deny the Parking Plan on the basis that the use is a restaurant and shall
be parked at the restaurant parking standard; or 2) Approve a Parking Plan finding that the
use is a restaurant, less than required parking is merited due to the parking characteristics of
the proposed use, and in-lieu fees shall be paid for the remaining parking demand.
11. TEXT 10-8 -- Zone Text Amendment to modify regulations regarding educational facilities
in the C-3 zone and zones that allow C-3 uses.
Staff Recommended Action: To adopt the resolution recommending the City Council adopt
an ordinance amending the definition and standards for educational institutions.
12. TEXT 10-9 -- Zone Text Amendment to add provisions for ‘reasonable accommodation’ for
persons with disabilities seeking equal access to housing.
Staff Recommended Action: To adopt the resolution recommending the City Council adopt
an ordinance adding provisions for reasonable accommodation.
Section III
Hearing
13. PDP 10-13 -- Planned Development Permit for construction of new safety fencing and
netting as part of the Little League’s improvements to the ball fields at Clark Field at 861
Valley Drive.
Staff Recommended Action: To adopt the resolution approving the Planned Development
Permit.
Section IV
14. Staff Items
a. Tentative future Planning Commission agenda.
b. Community Development Department activity reports of October, 2010.
15. Commissioner Items
16. Adjournment
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ACTION MINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
NOVEMBER 16, 2010, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS
All public testimony and the deliberations of the Planning Commission can be viewed on
the City’s web site at www.hermosabch.org, On-Demand Video of City Meetings
The meeting was called to order at 7:01 P.M. by Chairman Allen.
1. Pledge of Allegiance
2. Roll Call
Present: Commissioners Darcy, Hoffman, Perrotti, Pizer and Chairman Allen
Absent: None
Also Present: Community Development Director Ken Robertson
Senior Planner Pamela Townsend
Assistant City Attorney Lauren Feldman
3. Oral / Written Communication - Anyone wishing to address the Commission regarding a
matter not related to a public hearing on the agenda may do so at this time.
ACTION: To receive and file the correspondence from Howard Longacre.
Motion by Commissioner Perrotti, seconded by Commissioner Darcy. The motion carried
by a unanimous vote.
Section I
CONSENT CALENDAR
4. Approval of the October 19, 2010 action minutes.
ACTION: To approve the above minutes as presented.
Motion by Commissioner Hoffman, seconded by Commissioner Perrotti. The motion
carried by a unanimous vote.
5. Resolution(s) for approval - None
Section II
PUBLIC HEARING(S)
6. PDP 10-11 / VAR 10-2 -- Precise Development Plan and Sign Variance to construct a
surface public parking lot with 39 spaces and a 12-foot high freestanding sign with a 17±
square foot illuminated double-faced sign (including a 7± square foot electronic moving
Planning Commission Action Minutes
November 16, 2010
1
message display) on a vacant lot in the C-2 zone, at 1429 Hermosa Avenue.
Staff Recommended Action: To continue to the December 1, 2010 meeting as requested
by the applicant.
ACTION: To continue subject project to the December 1, 2010 meeting as requested by
the applicant.
MOTION by Commissioner Perrotti, seconded by Commissioner Hoffman. The motion
carried by a unanimous vote.
The Planning Commission also directed staff to schedule to the January 18, 2011 meeting
for discussion of policy on providing legal notice for continued hearings.
7. CUP 10-10 -- Conditional Use Permit Amendment to modify the floor plan and add
outdoor dining (a covered open air dining area within the existing building footprint) and a
walk-up window in conjunction with a restaurant with on-sale beer and wine (replacing
“Ragin Cajun Café”) at 420-422 Pier Avenue. No change to beer and wine service or
hours of operation (11:00 p.m. close) are proposed.
Staff Recommended Action: To adopt a resolution approving a Conditional Use Permit
amendment to allow the requested changes subject to conditions.
ACTION: To direct staff to return with a revised resolution approving subject Conditional
Use Permit amendment at 420-422 Pier Avenue by incorporating the following changes
and supporting findings: 1) Televisions to be limited to five and set back so they are
located outside the front dining area to reduce noise and disturbances. 2) Eliminate the
walk-up window located on the public right-of-way to reduce impediments to pedestrians.
3) Reference Condition 19 to bicycle rack in-lieu fee program in the SPA-11 zone.
MOTION by Commissioner Hoffman, seconded by Commissioner Perrotti. The motion
carried as follows:
AYES: Comms. Darcy, Hoffman Perrotti, Pizer, Chmn. Allen
NOES: None
ABSENT: None
ABSTAIN: None
Section III
8. Staff Items
a. Tentative future Planning Commission agenda.
b. Community Development Department activity reports of September, 2010.
9. Commissioner Items
ACTION: The Planning Commission consensus was to direct staff to schedule for future
meeting a discussion on regulating televisions/monitors at on-sale alcoholic beverage
establishments.
Planning Commission Action Minutes
November 16, 2010
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10. Adjournment
The meeting was formally adjourned at 8:10 P.M.
CERTIFICATION
I hereby certify that the foregoing Minutes are a true and complete record of the action taken
by the Planning Commission of Hermosa Beach at the regularly scheduled meeting of
November 16, 2010.
______________________________ ____________________________
Kent Allen, Chairman Ken Robertson, Secretary
______________________
Date
Planning Commission Action Minutes
November 16, 2010
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P.C. RESOLUTION 10-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT
TO MODIFY THE FLOOR PLAN AND ADD OUTDOOR DINING (A COVERED OPEN
AIR DINING AREA WITHIN THE EXISTING BUILDING FOOTPRINT) AND A
WALK-UP WINDOW IN CONJUNCTION WITH A RESTAURANT WITH ON-SALE
BEER AND WINE (REPLACING “RAGIN CAJUN CAFÉ”) AND AN EXISTING
PARKING PLAN, AT 420-422 PIER AVENUE, LEGALLY DESCRIBED AS LOT 3,
BLOCK 1, HISS’ SECOND ADDITION TO HERMOSA BEACH TRACT, AND NW 102
FEET OF LOT 14, TRACT 780, 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 ISOS, LLC requesting approval of Conditional Use Permit
Amendment 10-10 to modify the floor plan, add ‘open air dining’, and add a walk-up window in order to
establish a new restaurant under new ownership with beer and wine in place of an existing restaurant with beer
and wine, at 420-422 Pier Avenue. Hours of operation as regulated by the CUP are proposed to remain 7:00
a.m. to 11:00 p.m. daily. The floor plan and façade are proposed to be modified as follows:
1. The easterly door accessing the building from Pier Avenue will be replaced by a walk-up window for
take-out orders; a window for take-out order pick-up is accessed from the front dining area. Internally,
doors enclosing the kitchen will be added. Only minor modifications are made to the kitchen location,
area and general layout.
2. The rear exit to the parking lot and separate restrooms will remain in their present location at the back of
the dining area. A small new office will be added adjacent to one of the restrooms.
3. The floor plan attached to the 1996 CUP indicates the dining room contains 96 seats comprised of small
tables with loose seating, and a stand-up bar in its present location along the west wall. The proposed
floor plan showing seating for 92 people will create several dining experiences:
A. Front Dining Area: 32 seats fronting Pier Avenue are proposed. The front wall of the building with
a set of French doors and an additional entry door into the dining room will be replaced by a
wrought iron gate, and four planters to a height of 18'' with wrought iron fencing to a height 32''
above the sidewalk, and four uncovered openings. A corner fireplace will be added. This will create
open air dining, with a depth of 12 feet, within the building footprint.
B. Center: The existing bar will replaced with a new bar with 14 seats at the center of the tenant space,
near the kitchen. A social table with 14 seats and booth seating for 12 people will be added. This
area is segregated from the front dining area by retracting glass doors to allow this area to also be
opened to the elements.
C. Rear Dining: Loose and bench seating for 20 people is provided in the rear dining area.
4. The parking lot, trash enclosure and landscaping will be remediated to a state of good repair.
Section 2. The proposed new restaurant with on-sale beer and wine and outdoor dining (‘open air
dining’) will replace an existing restaurant with on-sale beer and wine with hours from 7:00 a.m. to 11:00 p.m.
daily (“Ragin’ Cajun Café”) which operates pursuant to Planning Commission Resolutions 94-28 (CUP and
Parking Plan) and 96-24 (CUP Amendment).
A. Resolution 94-28 approved the expansion of an existing restaurant with on-sale beer and wine, and
Resolution 96- 24 approved an additional 875 square foot expansion to the current footprint.
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B. Those expansions were approved with less than required parking based on the following findings,
made by the Planning Commission in conjunction with the 1994 and 1996 approvals, that adequate parking was
available for customers because: (1) the location of the business is within walking distance of two public
parking lots and a substantial number of its customers arrive on foot or bicycle, (2) the right-of-way has
sufficient nighttime public parking, (3) parking in the rear of the business provides adequate spaces for
customers and employees, (4) fewer than 96,250 square feet of commercial development including new
buildings, expansions and intensification of uses in the Downtown Enhancement District had received a Coastal
Development between 1994 and November 1, 1996, and (5) a parking study for the downtown indicated
occupancy of parking spaces in the downtown was 90% or less during daylight hours on summer weekends and
no more than 24,063 square feet of commercial development had received Coastal Development Permits since
the study. The floor plan and façade modifications proposed for Conditional Use Permit Amendment 10-10,
which show approximately equivalent seating capacity, do not impact the parking standard approved under the
abovementioned Parking Plan, which will remain unchanged by this approval. All existing conditions of
approval related to the Parking Plan are fully restated below in this resolution, which supersedes Resolutions 94-
28 (CUP and Parking Plan) and 96-24 (CUP Amendment).
Section 3. The Planning Commission conducted a duly noticed public hearing to consider the
application for a Conditional Use Permit Amendment 10-10 on November 16, 2010 at which time testimony and
evidence, both oral and written, was presented to and considered by the Planning Commission.
Section 4. Based on the testimony and evidence received, the Planning Commission makes the
following factual findings:
1. The site is zoned Specific Plan Area No. 11 (SPA-11) which allows outdoor dining with approval of
a Conditional Use Permit and a walk-up ordering window incidental to the sit-down restaurant. Residential uses
(R-3 zoning) abut the site to the rear, and R-3 zoning and the Mobilehome Park also lie north of the businesses
along Pier Avenue.
2. The restaurant will occupy 2,500 square feet of an existing 7,965 square foot commercial building.
The modified floor plan and walk-up window service will not increase gross floor area.
3. The proposed restaurant replacing “Ragin’ Cajun Café,” which operated pursuant to Planning
Commission Resolutions 94-28 and 96-24, proposes to retain beer and wine service with hours from 7:00 a.m.
to 11:00 p.m. daily.
4. The walk-up window fronting Pier Avenue shown on the project plans is not a permitted or
conditional use in the SPA-11 zone pursuant to H.B.M.C Section 17.38.540 ; however the walk-up window
proposed within the front dining area facing west is not prohibited and may be considered. .
Section 5. The project is categorically exempt from the provisions of the California Environmental
Quality Act per CEQA Guidelines, Section 15301(a), Class 1, Existing Facilities, because the proposal involves a
change to floor plan to a commercial use within an existing building for essentially the same use, intensity is
essentially equivalent, all services are available, and no significant impacts are identified.
Section 6. Based on the foregoing factual findings the Planning Commission makes the following
findings that the Conditional Use Permit Amendment as conditioned will be compatible with and not adversely
affect the surrounding area pursuant to Section 17.40.020 of the Hermosa Beach Municipal Code:
1. The proposal conceptually complies with the requirements of SPA-11 including 17.38.550(G)
addressing Storefront Frontages, by providing a permeable facade fronting Pier Avenue to facilitate pedestrian
activity, including planters, wall openings and open air seating fronting the sidewalk that create visibility for the
pedestrian, as encouraged in the SPA-11 zone.
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2. The establishment of a walk-up window facing Pier Avenue set back two feet from the sidewalk is
prohibited by the code, however, a walk-up window within the front dining area is permitted and will not cause
substantial impacts to the surrounding uses as follows:
A. People placing or waiting for an order will not create an impediment to pedestrian movement or
entrances to adjacent establishments due to location within the property boundaries, availability of
seating in this area, and conditions of approval placed on the operation of the walk-up window.
B. Trash or food dropped within the front dining area will not generate debris or contaminated runoff
to the storm drain system due to conditions of approval including provision of enclosed
trash/recycle containers in a prominent location near the walk-up window and restrictions on
washing the site.
C. Styrofoam and plastics associated with take-out food, indicated as significant contributors to
pollution on beaches and in Santa Monica Bay where these materials affect marine life and are
introduced into the food chain, will be reduced by providing appropriate receptacles and not
allowing take-out containers with a “No. 6” recycle code.
D. The existing condition requiring alcohol to be served in non-disposable drinkware is retained.
3. Allowing ‘open air dining’ within the front dining area, and within the remainder of the restaurant when
the glass wall is retracted, will not impact the surrounding area as follows:
A. Beer and wine service must comply with the CUP and ABC license, a barrier segregating alcohol
use from the sidewalk will be installed, alcohol must be served in non-disposable beverage
containers, and alcoholic beverages are not allowed on the public right-of-way.
B. Impacts associated the floor plan modification and reconfiguration of the bar, such as noise and
disturbances that may be associated with a bar/sports bar atmosphere, will be minimal due to
conditions requiring that food sales must constitute 65% of total sales, the retracting doors may be
closed if noise is an issue, the establishment must close by 11:00 p.m. under the CUP, live
entertainment is not allowed, and noise controls must be complied with, together with standard
conditions applied to alcoholic beverage establishments.
C. The restaurant site abuts R-3 zoning, and R-3 zoning and the Mobilehome Park are located adjacent
to businesses along the Pier Avenue corridor. Noise impacts associated with the proposed use and
floor plan can be reduced through compliance with the Noise Ordinance. Section 8.24 040(I)
prohibits “continuous, repeated or sustained noise from the premises of any commercial
establishment which is adjacent to one or more residential dwelling units, including any outdoor
area part of or under the control of the establishment, between the hours of 10:00 p.m. and 8:00 a.m.
that is plainly audible from the residential dwelling unit’s property line.” Subsection A also limits
the “amplification of music or any other sound on private property, through speakers located either
(1) outdoors, or (2) in one or more windows or doorways, when such speakers are directed towards
and such music is plainly audible on an immediately adjacent public right-of-way.”
Noise impacts are also reduced by conditions regarding keeping the back door closed, closing the
retracting doors, a prohibition on televisions within the front dining area (being the first 12-feet of
the building envelope as shown on the plans), limiting the total number of televisions to a
maximum of 5 televisions, and turning off the volume on audio devices between 10:00 p.m. and
8:00 a.m. within areas being operated as open air dining (i.e., the remainder of the restaurant when
the retracting doors are open).
4. The kitchen will be enclosed to facilitate open air dining. The area devoted to dining and seating will
not increase, and no other impacts are identified
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Section 7. Based on the foregoing, the Planning Commission hereby approves the request for
Conditional Use Permit Amendment 10-10 subject to the following Conditions of Approval:
1. The use consisting of on-sale beer and wine, open air dining, and walk-up window located within
the building footprint facing west in conjunction with a restaurant shall be consistent with plans
submitted and approved by the Planning Commission on November 16, 2010. Minor
modifications to the plan shall be reviewed and may be approved by the Community Development
Director. Any substantial deviation must be reviewed and approved by the Planning Commission.
This approval does not authorize dining on the public sidewalk.
2. The permitted hours of operation shall be 7:00 a.m. to 11:00 p.m. daily for all operations of the
restaurant. All customers shall vacate the premises by not later than 11:00 pm and the doors shall
be locked.
3. The business shall be operated as a bona fide restaurant. The kitchen shall be equipped to
prepare food from its component ingredients whenever the restaurant is open and it shall offer a
full-service lunch and/or dinner menu; food service from the menu shall be available during all
hours that the establishment is open for business; a minimum or sixty-five (65) percent of the total
gross sales, computed monthly, shall result from the sale of prepared food. The permittee shall
maintain a summary of gross receipts of food and alcohol indicating the percentage of each to the
total on a monthly basis for inspection by the City upon request.
4. The provision of alcoholic beverages shall be limited to beer and wine and comply with the
following:
A. All alcoholic beverages shall be served in nondisposable drinkware.
B. The gate and planters shall be maintained thereby providing a barrier between the sidewalk
and the dining areas in which alcohol is served. Said gate and any doors or windows shall not
open into the public right of way.
C. Signs shall be posted in a conspicuous location warning patrons of the illegality of removing
alcoholic beverages from the restaurant, and carrying and consuming alcoholic beverages in
any public place such as the public sidewalk or beach.
5. The front dining area shall be open for seating whenever walk-up window service is provided.
Should customers waiting for walk-up service create a recurrent impediment to pedestrians on
the sidewalk, as determined by the Community Development Director, the operator shall provide
a plan to address those concerns, such as signage or provision of additional waiting room in the
front dining area, to the satisfaction of the Director.
6. The establishment shall not adversely affect the welfare of the residents, and/or commercial
establishments nearby.
7. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the
business or in the immediate area.
8. The Police Chief may determine that a continuing police problem exists, and may, subject to the
review of the Planning Commission, direct the presence of a police approved doorman and/or
security personnel to eliminate the problem. If the problem persists the Chief then shall submit a
report to the Planning Commission, which will automatically initiate a review of this conditional
use permit by the Commission.
9. Any changes to the interior layout which alter the primary function of the business shall be
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subject to review and approval by the Planning Commission.
10. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free
of graffiti at all times.
11. The operator shall monitor the area in front of the business to ensure that the walk-up window is
not creating a litter problem. The operator shall provide enclosed trash/recycle containers in a
prominent location near the walk-up window. Alternatively, subject to approval of the Public
Works Department the operator may pay an in-lieu fee for approved city containers to be located
in the vicinity of the walk-up window.
12. To reduce marine debris associated with take-out containers, the establishment shall not use take-
out containers with a “No. 6” recycle code.
13. The business shall comply in all other respects with Municipal Code Chapter 8.24 (Noise Control)
and noise from the premises shall not constitute a public nuisance.
A. The rear door to the restaurant shall be maintained in a closed position to reduce noise
transmission.
B. The volume on audio devices and speakers shall be turned off between 10:00 p.m. and 8:00
a.m. within the front dining area and in the remainder of the restaurant when the retracting
glass interior doors are open.
C. The maximum number of televisions/monitors shall be five (5). Televisions/monitors are
prohibited within the front dining area, being the front twelve (12) feet of the building
footprint.
14. Live entertainment (including amplified music, disc jockeys, live music whether acoustic or
amplified, and live performances of all kinds) and customer dancing is prohibited.
15. The practice of washing and rinsing restaurant floor mats, equipment, tables, etc. , or discharge of
any liquids, other than stormwater, onto the public right-or way, into the parking lot drain or
stormdrains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the
sanitary sewer.
16. A manager who is aware of the conditions of this conditional use permit shall be on the premises
during business hours. The conditional use permit shall be maintained on the premise in a
location where employees can easily read the conditions.
17. The restaurant with on-sale alcoholic beverage service may be subject to a periodic review process
established by the City to verify conformance with the Conditions of Approval.
18. The parking lot and all landscaping and planters shall be well-maintained.
A. Landscaping in poor condition shall be replaced with live plants. An automatic landscaping
irrigation system shall be provided and maintained.
B. Prior to installation of new landscaping, a landscape plan indicating size, species and
quantity of plants shall be submitted to the Community Development Department for
review and approval.
C. In the parking lot, any new/replacement trees along the south property line shall be
appropriate for buffering purposes, shall be a minimum 24-inch box size. The planting shall
be a minimum of five (5) feet in width, with a brick or concrete border.
D. All new or replacement landscaping shall comply with Chapter 8.60.070.
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E. The existing parking spaces (15 plus one disabled) shall be stripped with appropriate signs
posted indicating that the spaces are for employees and customers only.
F. The parking lot shall be resurfaced and maintained free of debris, outside storage and other
impediments. Parking lot/driveway remediation, surfaces and/or infiltration systems shall
be undertaken as required by the Public Works Department.
19. A bicycle rack for the entire property shall be provided. Type, size and location to be approved
the Community Development Department. If infeasible, the operator may pay an in-lieu fee for
an approval bike rack to be located on the public right of way in the vicinity of the premises at
the rate of one (1) bicycle space per seven (7) employees or 3,000 square feet of floor area,
pursuant to Section 17.38.550(I)(5).
20. The business shall participate in the City’s downtown parking validation program, providing
validations for parking in public lots for no less than two hours, if and when such program is
available.
21. Trash and recycle containers adequate for all uses on the property shall be maintained within a
trash enclosure approved by the Community Development Director compatible with the
premises and in compliance with Chapter 8.12. The trash enclosure shall not be located
adjacent to residential properties.
22. Exterior and interior water use shall comply with Chapter 8.56.
23. This approval incorporates conditions from and supersedes Planning Commission Resolutions
94-28 and 96-24, which hereafter shall be of no further force and effect.
24. The improvements and the operation shall comply with all requirements of the Building, Fire
and Public Works Departments. The applicant shall submit a plan for occupant load
calculation prior to issuance of the Certificate of Final Occupancy.
25. The project shall maintain in conformance with all other applicable City of Hermosa Beach and
regulatory agency requirements and standards, including but not limited to: California
Department of Alcoholic Beverage Control, Los Angeles County Health Department, California
Disabled Access Standards (Government Code Title 24), and Los Angeles County National
Pollutant Discharge Elimination System Permit (NPDES).
26. 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 hereafter adopted
that is 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.
27. The Planning Commission may review this Conditional Use Permit and may amend the subject
conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on
the neighborhood resulting from the subject use.
28. 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. One or more extensions of time may be requested. No extension shall
be considered unless requested, in writing to the Community Development Director including
the reason therefore, at least 60 days prior to the expiration date. No additional notice of
expiration will be provided.
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Section 8. 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 grant.
The Conditional Use Permit Amendment shall be recorded, and proof of recordation shall be submitted to the
Community Development Department prior to the issuance of a building permit.
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.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa
Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any
claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack,
set aside, or void any permit or approval for this project authorized by the City, including (without limitation)
reimbursing the City its actual attorneys fees and costs in defense of the litigation. The City may, in its sole
discretion, elect to defend any such action with attorneys of its choice.
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.
Section 9. 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: Comms.Darcy, Hoffman, Perrotti, Pizer, Chmn. Allen
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 10-17 is a true and complete record of the action taken by
the Planning Commission of the City of Hermosa Beach, California at its regular meeting of November 16,
2010 and memorialized on December 1, 2010.
______________________________ ______________________________
Kent Allen, Chairman Ken Robertson, Secretary
December 1, 2010_______________
Date
7
Addendum to Planning Commission Application Form
Site Address: 338 & 400 Pier Avenue
Assessor’s Parcel Number: 4187-011-014 & 4187-019-037
Applicant: Blake Holdings, LLC.
The applicant purchased 338 & 400 Pier Avenue and is seeking to change the
allowable uses from the approved combination of storage, retail and office use to all
office as follows:
338 Pier
Basement: S-1 to B
Lower Level: M to B
Upper Level: No Change
400 Pier
Lower Level: M to B
Upper Level: No Change
The applicant is intending to occupy both buildings as the base of operations for
Marlin Equity Partners, LLC and be a permanent and active member of the Hermosa
Beach community. Marlin Equity Partners is a leading private investment firm with
over $1 billion of capital under management. The firm is focused on providing
corporate parents, shareholders and other stakeholders with tailored solutions that
meet their business and liquidity needs. Marlin primarily invests in businesses that
are in the process of undergoing varying degrees of operational, financial or
market-driven change where our capital base, industry relationships and extensive
network of operational resources will significantly strengthen a company's outlook
and enhance value.
The applicant is intending to make only minor changes to the exterior of the
building involving an upgrade to the glazing at both building entries. In addition,
the applicant is seeking to design the interiors of the building in a sustainable
manner and is pursuing the option of utilizing solar voltaics to provide a significant
portion of power to the building.
There are currently 37 parking spaces provided in the parking structure pursuant to
prior Planning Commission approvals. The current parking requirement of 3 spaces
per 1,000 square feet of space applied to the proposed change to the existing uses
will result in the following requirement:
Total Sq. Ft.
Office
Allocation Current Code
Req.
Provided
14,580 3 per 1,000 sq. ft. 44 37
The space is designed for 25 people who will be occupying the space during normal
daytime business hours. The applicant’s business does not require many visits
from third parties to its site; perhaps 6 visitors maximum for any given day. Most
of applicant’s employees live in the surrounding communities, and many will walk
or bike to work. Accordingly, applicant believes that there is more than sufficient
parking for its intended use, and will generate less parking then the originally
intended mix of uses for the site. In addition, applicant’s business requires little if
any weekend parking. The applicant is committed to working with City of Hermosa
Beach to address the differential in the code requirement and the amount of
existing parking by allowing the spaces at its site to be used by the City’s parking
program during evening and weekend hours and/or other measures, including:
ridesharing, provision of bicycle racks, etc.
The applicant believes that the addition of daytime uses to the downtown district
will benefit the surrounding businesses and is compatible with the uses on upper
Pier Avenue.
338 & 400 Pier Ave Hermosa Beach Building Area AnalysisOfficeStorageConferenceAtrium StairReceptionRestroomPantryMech/ElectricalCirculationTOTAL338 Pier AveBasement 626 112 198 162 165 548First Floor2879 56 288 215 715 428 37 610Second Floor2130 60 1539 215 428 478 62 633400 Pier AveFirst Floor959 25 162 55 50Second Floor1179 25 170 57 23Totals6594 278 1997 628 877 1130 478 337 179114110Deducts430 715 1130 3372612Total for parking calculation11498
338 & 400 Pier Ave Hermosa Beach Building Area AnalysisOfficeStorageConferenceAtrium StairReceptionRestroomPantryMech/ElectricalCirculationTOTAL338 Pier AveBasement 626 112 198 162 165 548First Floor2879 56 288 215 715 428 37 610Second Floor2130 60 1539 215 428 478 62 633400 Pier AveFirst Floor959 25 162 55 50Second Floor1179 25 170 57 23Totals6594 278 1997 628 877 1130 478 337 179114110Deducts430 715 1130 3372612Total for parking calculation11498
Bryant Palmer Soto Inc.Neil Stanton Palmer ARCHITECTS / Jack K. Bryant ENGINEERS4/29/101 of 8
Bryant Palmer Soto Inc.Neil Stanton Palmer ARCHITECTS / Jack K. Bryant ENGINEERS4/29/103 of 8
Bryant Palmer Soto Inc.Neil Stanton Palmer ARCHITECTS / Jack K. Bryant ENGINEERS4/29/101 of 8
Bryant Palmer Soto Inc.Neil Stanton Palmer ARCHITECTS / Jack K. Bryant ENGINEERS4/29/103 of 8
Tentative Future Agenda
PLANNING COMMISSION
City of Hermosa Beach
JANUARY 18, 2011
Project Title Staff Public
Notice
Meeting
Date
Date
Rec’d Remarks
⇒ 1601 Pacific Coast Hwy, Hermosa Pavilion -- Conditional
Use Permit and Parking Plan for educational institution.
1/6/11 1/18
⇒ Discussion of policy on providing legal notice for
continued hearings (Staff Item, per 11/16/10 PC action
under item 6.)
1/18
⇒ Discussion of outdoor and open air dining. 1/18
⇒ 1429 Hermosa Ave. -- PDP and Sign Variance to construct
a surface public parking lot and a 12’ high freestanding
sign with a 17± sf illuminated double-faced sign (including
a 7± sf electronic moving message display) on a vacant lot
in the C-2 zone (continued from 12/1/10 meeting).
1/18
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14a
Easy Reader
Run Date: November 18, 2010 DISPLAY
Acct: 7010-2110
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public
hearing on Wednesday, December 1, 2010, to consider the following:
1. Precise Development Plan and Sign Variance to construct a surface public parking lot and a 12-foot high
freestanding sign with a 17± square foot illuminated double-faced sign (including a 7± square foot electronic
moving message display) on a vacant lot in the C-2 zone, at 1429 Hermosa Avenue (continued from November
16, 2010 meeting).
2. Conditional Use Permit Amendment to convert space within the parish school building to a preschool, add a 1,700
square foot outdoor pre-school play area, and convert two residences to office space, by consolidating the
properties encompassing the church, parish school building and two residences into one parcel (Our Lady of
Guadalupe Church) at 320/440 Massey Street; 234/244 Prospect Avenue; 1225/1239 5th Street.
3. Parking Plan Amendment to change the allocation of uses from a mix of retail, storage, office and snack shop
to all office with less than required parking and Precise Development Plan Amendment for minor modifications
to exterior architectural features at 338-400 Pier Avenue.
4. Conditional Use Permit Amendment to delete or modify the condition restricting the number of televisions at an
existing restaurant with on-sale general alcohol and live entertainment (Watermans Hb) at 22 Pier Avenue.
5. Parking Plan to classify a new food establishment (Subway) as a ‘snack shop’ for the purpose of calculating parking
requirements and to include possible payment of an in-lieu fee for less than required parking at 136 Pier Avenue.
6. Zone Text Amendment to modify regulations regarding educational facilities in the C-3 zone and zones that
allow C-3 uses.
7. Zone Text Amendment to add provisions for ‘reasonable accommodation’ for persons with disabilities seeking
equal access to housing.
SAID PUBLIC HEARING shall be held at 7:00 P.M., or as soon thereafter as the matter may be heard in the City
Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254.
ANY AND ALL PERSONS interested are invited to participate and speak at this hearing at the above time and
place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be
submitted to the Community Development Department, Planning Division, in care of City Hall at 1315 Valley Drive,
Hermosa Beach, CA 90254 prior to Wednesday, November 24, 2010, at 12:00 noon. All written testimony by any
interested party will be accepted prior to or at the scheduled time on the agenda for the matter.
IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in written correspondence delivered to the Community
Development Department, Planning Division, at, or prior to, the public hearing.
FOR FURTHER INFORMATION, please contact the Community Development Department, Planning Division, at
(310) 318-0242 or fax to (310) 937-6235. The Department is open from 7:00 a.m. to 6:00 p.m. Monday through
Thursday. Please contact a staff planner to discuss any project on the Planning Commission agenda. A copy of the
staff report(s) in the Planning Commission packet will be available for public review at the end of the business day
on Wednesday, November 24, 2010, at the Hermosa Beach Police Department, Public Library, and, on the City’s
web site at www.hermosabch.org. Relevant Municipal Code sections are also available on the web site.
Ken Robertson, Director
Community Development Department
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