Hermosa Beach: Ordinance, Public Notice

City of Hermosa Beach

ORDINANCE NO. 14-1345

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, CHAPTER 17 (ZONING), TO ALLOW LIMITED OUTDOOR SEATING ACCESSORY TO FOOD ESTABLISHMENTS ON PRIVATE PROPERTY IN C-1, C-2 AND SPA-11 ZONES SUBJECT TO AN ADMINISTRATIVE PERMIT AND DETERMINATION THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

 

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

 

SECTION 1.  The use category “Outdoor seating, limited (accessory to food establishments on private property)” in the alphabetical list of uses in Section 17.26.030 of Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows:

USE

C1

C2

C3

See Section

Outdoor seating, limited (accessory to food establishments on private property)

P

P

P

17.26.050(B)(6)

 

SECTION 2.   Subsection (B)(6) of Section 17.26.050 of Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows:

B.6. Limited outdoor seating for the purposes of food consumption, accessory to food establishments on private property, shall be allowed with approval of a permit from the Community Development Department, subject to the standards and limitations in this subsection. Food establishments include snack shops, restaurants, food and beverage markets, supermarkets, bakeries, or similar establishments that offer food or beverages, as determined by the Community Development Director.

   a. Administrative Permit Required.

i.  Prior to the establishment of any limited outdoor seating area accessory to any food establishments on private property, an administrative permit shall be required pursuant to Chapter 17.55 except as otherwise stated in this section.  An application shall be filed with the Community Development Department in writing upon a form furnished by the department. The application shall include a site plan and drawings and information showing location, furnishings and seating arrangement in sufficient detail to demonstrate the compliance with this section, accompanied by a fee set by Resolution of the City Council.

ii. The Community Development Director may issue the administrative permit only after determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code, provided that, where limited outdoor seating is comprised of seating on private property and the public right-of-way, the standards applicable to limited outdoor seating on the public right-of-way in Section 12.16.090© shall govern on the private property.

iii. The permit shall lapse, and be of no force and effect, and a new administrative permit shall be required for outdoor seating whenever there is a change in food establishment ownership, change in the nature or scope of the business, the permitted food establishment does not operate for a period of more than six (6) months, or the Community Development Director determines, based on substantial evidence, that the food establishment operation no longer meets the standards set forth in subsection (B)(6)(b) of this section.

b. Standards and Limitations. The location, design and operation of the limited outdoor seating area shall comply with all of the following:

i. Outdoor seating shall be incidental and accessory to food establishments for patrons of the food establishment to consume food or beverages purchased during the hours that food or beverages are offered for sale, but not to exceed 7:00 a.m. to 11:00 p.m. in the C-3 zone and zones that allow C-3 uses, or 7:00 a.m. to 10:00 p.m. in the other zones where this use is permitted.  Employee break areas physically separated and restricted from public use are regulated by subsection (B)(3) of this section above.

ii. The outdoor seating area authorized by this subsection (B)(6) shall not exceed a total of two hundred (200) square feet of floor area per business or tenant space, and shall not contain more than one (1) seat per fifteen (15) square feet of area. Where the outdoor seating area is located on both private property and the public right-of-way, the cumulative outdoor seating area shall not exceed (200) square feet of floor area and shall not contain more than one (1) seat per fifteen (15) square feet of area. Seating shall not be reserved, and waiter/waitress table service shall not be provided.  Additional parking is not required.

iii. The outdoor seating area shall be located proximate to the business providing the seating, such as adjacent to the building, within courtyards, or on balconies or decks, excluding any roof deck. Outdoor seating areas shall not be arranged so as to create food courts. Outdoor seating areas shall not reduce, be located within, or damage any required landscaped area.

iv. Alcoholic beverages shall not be offered, sold or consumed within the outdoor seating area.

v. No entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be provided within the outdoor seating area or situated so as to be clearly visible to the outdoor seating area.

 vi. The location and use of the outdoor seating area shall not obstruct the movement of pedestrians, goods or vehicles; required parking spaces; driveways or parking aisles; entrances; legal signs; utilities or other improvements. A minimum four (4) foot wide pedestrian path shall be maintained, unless otherwise required by law. When located adjacent to parking spaces, driveways or parking lot aisles, a physical barrier such as curb or railing shall be provided.

vii. Furnishings shall be strictly limited to chairs, benches and tables, and single pole table umbrellas designed for outdoor use. Extraneous objects, such as portable shade canopies, podiums, heat lamps, and service objects, are not allowed. All furnishings and barriers shall be maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles.

viii. All furnishings shall be maintained in good condition at all times. The area shall be supplied adequate solid waste management containers and maintained in a neat and clean manner, free of litter and graffiti, at all times.

 ix. Any lighting provided for the use shall be extinguished no later than 11:00 p.m. in the C-3 zone and zones that allow C-3 uses, or 7:00 a.m. to 10:00 p.m. in the other zones where this use is permitted, and shall be high-efficiency, the minimum intensity necessary, fully shielded (full cutoff) and down cast (emitting no light above the horizontal plane of the fixture), not create glare or spill beyond the property lines, and the lamp bulb shall not be directly

visible from within any residential unit.

x. The use of water for cleaning the area shall conform to Chapter 8.56 Water Conservation and Drought Management Plan, and shall be minimized and any runoff generated shall drain to the sewer system only and shall under no circumstances drain to the stormwater system.

xi. Noise emanating from the property shall be within the limitations prescribed by Chapter 8.24 and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. The outdoor seating area shall not adversely affect the welfare of the residents or commercial establishments nearby.

xii. The design and use of the outdoor seating area shall conform to all building, fire, zoning, health and safety and other requirements of the Municipal Code and all

other requirements of law.

c.  Conditional Use Permit. Any deviation from the standards listed in this subsection shall require a conditional use permit in compliance with Chapter 17.40.

SECTION 3.  The use category “Outdoor seating, limited (accessory to food establishments on private property)” in the alphabetical list of uses in Section 17.38.540 of Chapter 17.38 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows:

USE

P/U

See Section

Outdoor seating, limited (accessory to food establishments on private property)

P

17.26.050(B)(6)

 

SECTION 4. The project is Categorically Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines, Section 15311, Class 11 because the proposed use is an accessory use, the scale of the proposed use is very limited, the opportunities to establish this use are limited due to the number of food establishments and small lot sizes in the applicable zones, the potential locations are comprised of developed urban lots, and the proposal does not have the potential for impacts such as neighborhood compatibility, parking, noise, litter, accessibility and aesthetics due to the standards applied to the use as documented the environmental negative declarations that were adopted for text amendments for limited outdoor dining in the C-3 and related zones and on the public right-of-way adjacent to all commercial zone including the subject zones, finding that the standards applied to limited outdoor seating in those locations alleviated any impacts, and further, that the activity already permitted in other zones has not caused any impacts or problems.

SECTION 5.   This Ordinance shall become effective and be in full force and in effect from and after thirty (30) days of its final passage and adoption.

SECTION 6.  Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law.

SECTION 7.  The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

SECTION  8.  Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision City Council must be made within 90 days after the final decision by the City Council.

PASSED, APPROVED and ADOPTED this 28th day of January, 2014 by the following vote:

AYES: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio

NOES: None

ABSENT: None

ABSTAIN: None

Michael DiVirgilio

PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California

 

ATTEST:

Elaine Doerfling

City Clerk

 

APPROVED AS TO FORM:

Michael Jenkins

City Attorney

Easy Reader Inc/Redondo Beach News/February 6, 2014/HD14-008

City of Hermosa Beach

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public hearing on Tuesday, February 18, 2014, to consider the following:

  1. Text amendment to the Municipal Code Title 17 (Zoning) to allow small gym/fitness/health club uses not exceeding 6,000 square feet of floor area in the M-1 zone citywide and amendments for consistency, including to parking standards for this use (applicable to all zones), and adoption of Environmental Negative Declaration.

  1. Conditional Use Permit Amendment and Parking Plan to allow a 349 square foot outdoor dining patio, reduce hours of operation from 6:00 a.m. to 2:00 a.m., to 12:00 noon to 12:00 midnight, Monday through Wednesday and 8:00 a.m. to 2:00 a.m. Thursday through Sunday, amend the floor plan and provide parking spaces in tandem in connection with a restaurant with on-sale general alcohol at 3-11 Pier Avenue (Mermaid), and determination that the project is Categorically Exempt from the California Environmental Quality Act.

  1. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 72618 for a two-unit residential condominium project at 657 5th Street, and determination that the project is Categorically Exempt from the California Environmental Quality Act.

  1. Conditional Use Permit, Precise Development Plan and Vesting Tentative Tract Map No. 72447for conversion of an existing vacant, two-story 5,578 ± commercial office building to six commercial condominiums with ground level parking at 824 1st Street, and determination that the project is Categorically Exempt from the California Environmental Quality Act.

  1. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 72604 for a two-unit residential condominium project at 1111 17th Street, and determination that the project is Categorically Exempt from the California Environmental Quality Act.

SAID PUBLIC HEARINGS shall be held at 7:00 P.M., or as soon thereafter as the matters 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 these hearings 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 Thursday, February 13, 2014, 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 Thursday, February 13, 2014, at the Hermosa Beach Police Department, Public Library, and on the City’s website at www.hermosabch.org.  Relevant Municipal Code sections are also available on the website.

Elaine Doerfling

City Clerk

Easy Reader Inc/Redondo Beach News/February 6, 2014/HD14-009

Comments:

comments so far. Comments posted to EasyReaderNews.com may be reprinted in the Easy Reader print edition, which is published each Thursday.