ORDINANCE NO. 97-1171 "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,. TO AMEND THE COMMERCIAL LAND USE REGULATIONS FOR OUTDOOR USES, TO EXCEPT OUTDOOR DINING ON PIER AVENUE FROM THE REQUIREMENT FOR A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION ."

Submitted for adoption and waiver of full reading is Ordinance No. 97-1171 , relating to the above subject.

At the meeting of May 29, 1997, this ordinance was presented to Council for consideration and was introduced by the following vote:

AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky

NOES: None

ABSENT: None

ABSTAIN: None

ORDINANCE NO. 97-1171

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE COMMERCIAL LAND USE REGULATIONS FOR OUTDOOR USES, TO EXCEPT OUTDOOR DINING ON PIER AVENUE FROM THE REQUIREMENT FOR A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION

WHEREAS, the City Council held a public hearing on May 29, 1997, to consider the recommendation of the Planning Commission on the subject text amendment and made the following Findings:

A. The current list of permitted uses lists restaurants and snack shops, however, Section 17.26.050 requires that outdoor uses a permitted by Conditional Use Permit;

B. The establishment of outdoor dining for restaurants with frontage on Pier Avenue is one of the primary objectives of the Downtown Improvement Project involving several restaurants, and should be encouraged by minimizing the time and expense for obtaining approval to occupy outdoor areas;

C. The C.U.P. requirement for outdoor uses is for the purpose of addressing potential site specific concerns relating to potential nuisances from noise, and/or aesthetic concerns depending on the location of such uses;

D. However, all the proposed outdoor dining establishments on Pier Avenue are similarly situated and face similar issues relating to off-site impacts, aesthetics, and parking, and therefore, do not need such site specific review. Further, they will almost exclusively be located on the public right-of-way and be subject to uniform standards for development and operation through their required Encroachment Permits which will mitigate any potential off-site impacts in a uniform and equitable manner;

E . The City Council concurs with the Planning Commission and with the Staff Environmental Review Committee's recommendation, based on their environmental assessment/initial study, that the outdoor dining program, including this text amendment, amendments to the Streets and Sidewalk portion of the Municipal Code, and the Parking Plan, with the mitigating conditions included in the conditions of the Parking Plan, will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration.

NOW, THEREFORE, the City Council City of Hermosa Beach, California, does hereby ordain that the zoning ordinance text be amended as follows

SECTION 1. Amend Section 17.26.050 (B) as follows, by amending sub-section 2 for clarification purposes, and adding sub-section 5:

" B. Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following:

1. Outdoor uses may be permitted by Conditional Use Permit for uses listed as stated in the permitted use list;

2. Commercial parking lot;

3. Uses incidental to a use conducted primarily within a building located on the premises; provided, that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required front or rear yard; and provided, further, that such incidental uses are of a type which cannot be economically or practically conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All outdoor storage or activities shall be substantially screened from public visibility, public streets, parks or other public places, and properties;

4. Temporary outdoor merchandise display and outside dining in conjunction with a temporary outdoor event such as a sidewalk sale, authorized by the City Council by special permit as set forth in Section 12.12.070.

5. Outdoor dining or seating located in front of a restaurant or snack shop located on Pier Avenue, authorized by an Encroachment Permit for use of the public right-of-way obtained pursuant to Section 12.16.090 of the Municipal Code, which may include sales and consumption of alcohol in outdoor dining areas in conjunction with a Conditional Use Permit for on-sale alcohol within the indoor premises of the restaurant, subject to approval of the State Alcoholic Beverage Control Department."

SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.

SECTION 3. 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 4. 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.

PASSED, APPROVED and ADOPTED this 10th day of June by the following vote:

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