SUBJECT: CONDITIONAL USE PERMIT 99-5 –
APPEAL CONTINUED FROM MARCH 14, 2000 MEETING

 

LOCATION: 36 PIER AVENUE

APPELLANT: ZEPPY’S PIZZA - 36 PIER AVENUE, HERMOSA BEACH, CA 90254

SUBJECT: APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY A REQUEST FOR SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT.

 

Planning Commission Recommendation

To sustain the Commission’s decision to deny the request for beer and wine.

 

Background

At their meeting of January 18, 2000, the Planning Commission voted 4:1 to deny the subject request, citing concerns about the saturation of the downtown area with alcohol establishments and finding no rationale for an additional establishment. Staff’s recommendation was to approve the C.U.P. subject to standard conditions of approval, plus a condition to obtain a Parking Plan for the use of outdoor seating for restaurant purposes.

PROJECT INFORMATION :
ZONING: C-2, Restricted Commercial
GENERAL PLAN: General Commercial
LOT SIZE: 2,850 Square Feet
TOTAL AREA OF ESTABLISHMENT: 1,005 Square Feet
PARKING: None
ENVIRONMENTAL DETERMINATION: Categorically Exempt

Zeppy’s has been in operation primarily as a take-out restaurant at this location since May, 1998. The previous uses were also take-out restaurants.

 

Analysis

The applicant is requesting permission for on-sale beer and wine in conjunction with the existing restaurant, which will change the function of the restaurant from primarily take-out and short-term eating to a full service sit-down restaurant. The applicant is proposing interior modifications to the floor plan to accommodate two required bathrooms, with no further changes to the indoor or outdoor seating areas.

The attached alternative resolution of approval contains the currently applicable standard conditions for on-sale restaurants including a condition regarding hours of operation, typical among neighboring downtown restaurants with on-sale alcohol, from 7:00 A.M. to 2:00 A.M (Club Sushi, Italy’s Little Kitchen, Sushi Sei, Brewski’s, Sangria). The C.U.P. is the first step for the applicant towards obtaining approval for an on-sale license. The State A.B.C. will also review this application in accordance with their standards, and may require a City Council finding of public convenience and necessity before issuing a license.

 

OUTDOOR SEATING

The restaurant has been using the outdoor area in front of the restaurant for outdoor seating in accordance with the encroachment permit granted by the City Public Works Department. Recently the outdoor seating area was changed from benches/tables for take-out food, to a defined dining area to comply with Public Works Department standards.

This outdoor seating area, however, was never authorized as complying with parking requirements for additional dining area, and the proposed change to provide beer and wine service will change the function of the business from primarily a take out restaurant to sit down dining. The Lower Pier Avenue Parking Plan for outdoor dining, and Coastal Development Permit was limited to specific locations on Lower Pier Avenue which did not include this location (see the attached map which shows the authorized locations). To obtain compliance with parking requirements for the outdoor dining, City approval of a Parking Plan, and a Coastal Development Permit is required. The applicant has indicated he will proceed with obtaining these approvals should the C.U.P. be granted.

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