HomeMy WebLinkAboutPC Resolution 00-22. J.
I P.C. RESOLUTION 00-22
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH:, CALIFORNIA, APPROVING A PARKING PLAN, TO
3 ALLOW EXPANSION OF A RESTAURANT TO INCLUDE OUTDOOR
DINING, ALLOWING THE CONTRIBUTION OF FEES IN-LI.EII OF
4 PARTING TO SATISFY PARKING REQUIREMENTS FOR. THE
EXPANSION, AT ` 1031 HERMOSA AVENUE LEGALLY DESCRIBED AS
5 LOTS 169 17 AND 18, BLOCK 11, HERMOSA BEACH TRACT
6 Section 1. An application was filed by Simon Mani, property owner seeking approval for
7 outdoor dining in conjunction with a restaurant. The applicant is proposing to use a 650 square
foot outdoor patio for additional seating requiring a Parking Plan pursuant to Section 17.44.210 of
8 the Zoning Ordinance to allow the additional seating with less than required on -site parking; based
on either the use of valet parking or a contribution of fees in -lieu of required parking (Section
9 17.44.190.
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Section 2. The Planning Commission conducted a duly noticed de novo public hearing to
11 consider the application for a Parking Plan on April 18, 2000, at which testimony and evidence,
12 both written and oral, was presented to and considered by the Planning Commission.
13 Section 3. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
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15 1. The Planning Commission previously approved the outdoor use for seating (Conditional
Use Permit 96-16) in conjunction with a snack shop, reducing the parking requirement based on
16 Section 17.44.030(0).
17 2. The proposed use of the outdoor patio for dining and seating purposes in conjunction
18 with the more intensive restaurant use requires additional parking pursuant to Section 17.44.030 of
the Zoning Ordinance. The applicant proposes to accommodate this parking through a valet
19 parking program, or by contributing fees in -lieu of parking pursuant to Section 17.44.190.
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3. Given the existing lot size and building coverage it is not feasible to provide additional
21 off-street parking on site without a complete redevelopment of the site.
22 Secien 4. Based on the foregoing factual findings, the Planning Commission makes the
23 following findings pertaining to the application for the Parking Plan:
24 1. The site is zoned C-2, and is suitable for the proposed use with the proposed use.
25 2. The existing use with the proposed expansion is compatible with surrounding
26 commercial and residential uses.
27 3. The imposition of conditions as required by this resolution will mitigate any negative
28 impacts on nearby residential or commercial properties.
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4. Calculating the increased parking requirement based pursuant 17.44.030(E) for a
restaurant use results in an additional off-street parking requirement of up to 5 spaces if the entire
outdoor patio is utilized.
5. While section 17.44.210 allows the Commission to consider use of valet parking as a
means to satisfy parking requirements the Planning Commission does not find that valet parking is
appropriate for a restaurant or fast-food type of use that potentially may occupy the business.
6. The City Council has recently acted to continue the parking in -lieu fee program in the
Vehicle Parking District, and established the parking in -lieu fee at $12,500 per required space.
7. This project is Categorically Exempt pursuant to Section 15303c of the California
Environmental Quality Act Guidelines.
ectio11i 5. Based on the foregoing, the Planning Commission hereby approves the Parking
Plan, subject to the following Conditions of Approval
1. The proposed expansion and use of the outdoor patio area shall be substantially
consistent with submitted plans. Modifications to any of the plans shall be reviewed
and may be approved by the Community Development Director.
2. 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 parking spaces, as set forth in Section 17.44.190 of the Zoning Ordinance, at a
rate determined by resolution of the City Council of $12,500 per required space. The
fees shall be paid prior to occupancy of the outdoor dining area.
3. Provide three street trees approved by the Public Works Department consistent with
the Downtown Improvement Program if on -site landscaping is removed to
accommodate additional on -site parking.
Section 6, 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 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 fully in the
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Ndefense, 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 Parking Plan 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.
VOTE: AYES: Hoffman, Pizer, Vice -Chair Ketz
NOES: None
ABSENT: Schwartz, Chairman Perrotti
ABSTAIN: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 00-22 is a true and complete record of the action tali;
by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of
April 18, 2000.
Christine Ket
r Secretary
z, Vice -Chair Sol Blum Eifel ,
Date...._. _ ....
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