SUBJECT: TEXT AMENDMENT 97-2PARKING PLAN 97-3

PURPOSE: TO AMEND THE PERMITTED USE LIST TO ALLOW OUTDOOR DINING ON THE PIER AVENUE RIGHT-OF-WAY

TO RECONSIDER THE PLANNING COMMISSION DECISION TO APPROVE A MASTER PARKING PLAN TO ALLOW THE APPROVAL OF OUTDOOR DINING ENCROACHMENT PERMITS ON LOWER PIER AVENUE WITHOUT PROVIDING ANY ADDITIONAL PARKING

Recommendations

1. To introduce the attached ordinance to amend the Zoning Ordinance commercial permitted use list to specifically list outdoor dining on Pier Avenue, and excepting it from the requirement for a C.U.P.
2. To adopt the attached resolution sustaining the Planning Commission approval of a Parking Plan to allow up to 3300 square feet of outdoor dining on Lower Pier Avenue without the provision of additional parking. The proposed outside dining area will result in a marginal increase in parking demand which will be off-set with the set-aside in-lieu parking funds. A Parking Plan is justified by the use of the in-lieu parking funds to off-set the increased parking demand and because downtown uses require less parking than elsewhere in the City.1
3. To adopt the attached resolution to authorize submittal to the Coastal Commission.

Background

At their meeting of May 20, 1997 the Planning Commission recommended approval of the amendments to the Zoning Ordinance, and approved the subject Parking Plan.

The Lower Pier Avenue portion of the Downtown Improvement Project is near completion, and the final streetscape will include widened sidewalks. The widened sidewalks, as originally planned, may potentially be used for outside seating. Each restaurant that wishes to have outdoor seating will be required to obtain an encroachment permit from the Public Works Department. New outdoor dining encroachment provisions in the Streets and Sidewalks section of the Municipal Code, specific to the downtown, are being presented for your consideration in conjunction with this item.2

Under current Zoning Code requirements, prior to obtaining such an encroachment permit, each restaurant must obtain a C.U.P. or C.U.P. amendment for the outdoor use, and be required to satisfy parking requirements3. In order to implement the objectives of the Downtown Improvement Project in a timely manner, staff is proposing eliminating the need for a C.U.P., and to satisfy parking requirements on a district-wide basis. This will further enable the City to request Coastal Commission approval of all potential outdoor seating areas. Restaurants wishing to sell alcohol in these outdoor areas may to do so under the provisions of their existing C.U.P.'s for indoors, but will have to amend their A.B.C. licenses.

ENVIRONMENTAL ASSESSMENT

At their meeting of April 8, 1997, the Staff Environmental Review Committee recommended adoption of a mitigated environmental Negative Declaration pursuant to the attached initial study checklist.

The potential impact on traffic circulation for outdoor dining was specifically evaluated in a Traffic Impact Study prepared by Linscott, Law, and Greenspan, Engineers. The conclusion was that the implementation of the maximum of 5400 square feet of outdoor dining would not produce a significant impact on any of the 18 intersections previously studied as part of the Hermosa Inn EIR.4

The impact on parking anticipated from this outdoor seating, including the cumulative impact of the outdoor seating and all other anticipated development, was included in the evaluation of the cumulative impact of the DIP, as contained in the Downtown Circulation and Parking Study.5 Separating out the "worst case" impact associated with the outside dining on Lower Pier Avenue shows that it accounts for 2% of the total parking demand at the Saturday evening peak, contributing a total demand of 37 parking spaces. The cumulative parking impact of the outdoor dining and other anticipated projects will be mitigated by the construction of the parking structure planned for completion by 1999.

Analysis

TEXT AMENDMENT

The outdoor dining on Pier Avenue will primarily be within the public right-of-way. However, private property within the C-2 zoning classification will also be involved in some locations where the building front is not precisely on the right-of-way line. To cover this possibility and also to clearly remove the need for a C.U.P. in the Zoning Code for outdoor dining along Pier Avenue, the proposed text amendment specifically lists outdoor dining as a permitted use for properties with frontage on the Pier Avenue right-of-way.

Staff believes this exception to the C.U.P. requirement is appropriate for Pier Avenue because these outdoor dining areas will be subject to detailed uniform standards under the Streets and Sidewalks Code which essentially cover the issues that might be typically associated with a C.U.P review. For example, uniform standards for improvements, maintenance, hours, occupancy, and noise will be established, and be applicable to all restaurants obtaining encroachment permits.

PARKING PLAN

Given that any further expansion of the program beyond lower Pier Avenue will occur after the Parking Structure is completed, the subject Parking Plan focuses on the current need to satisfy parking requirements for lower Pier Avenue. A district Parking Plan for the second phase of the DIP when completed on upper Pier Avenue will be considered at a later date.

Based on the number of existing restaurants on Lower Pier Avenue, the square footage of outdoor seating is projected be 3300 square feet.6 Based on the currently applicable maximum parking requirement for restaurant use in the downtown (1 per 100 square feet X 65%) 22 spaces are required. However, these standard is based on indoor square footage of a specific use, and not necessarily appropriate for the mix of restaurant and snack shop uses that will occupy outdoor areas in a pedestrian oriented downtown. Further, peak use of outdoor seating is seasonal and oriented towards daytime.

Therefore, staff believes that a reduced standard of one space per 250 square feet would be more than adequate for the sum of the outdoor dining uses due both to the mix of businesses, and the nature of the outdoor use being secondary and seasonal to the primary indoor restaurant use. The 1:250 square feet parking ratio is also consistent with the standard for mixed use retail shopping centers and vehicle parking districts (Section 17.44.220, Consolidated off-street parking). Also, the 1:250 ratio was the ratio used to determine the existing surplus supply of parking in the downtown under the Major Land Use Plan Amendment Request 1-94 which was approved by the Coastal Commission7.

Using this ratio of 1 parking space per 250 square feet yields an interim parking need of 13 spaces. To satisfy parking requirements these spaces either need to be provided, or compensated for by the payment or transfer of funds as parking in-lieu fees. Staff suggests assigning the balance of funds previously set aside as incentive funds to encourage downtown office/retail development as parking in-lieu fees. The current balance of $78,000 provides the needed compensation for 13 spaces ($6,000 per space).

1. Section 17.44.040 of the Zoning Code specifies that parking requirements for the downtown be calculated as 65% of the of the parking required elsewhere in the City. Also, see the "City of Hermosa Beach, Downtown Circulation and Parking Study" prepared by Korve Engineering, dated April 9, 1996, see page B-12
2. Encroachment permit standards include details for application, insurance, maintenance, pedestrian clearance, improvements, landscaping, barriers if alcohol is sold, lighting, hours, noise, and maximum occupancy. These regulations were prepared by the Public Works Department and are included for your consideration for the 5/27/97 meeting.
3. The subject outdoor dining on Pier Avenue will primarily be within the public right-of-way. However, private property will also be involved in some locations where the building front is not precisely on the right-of-way line. To cover all possibilities necessitates an examination and potential amending of both the Zoning Code and the Streets and Sidewalks Code. Section 17.26.050 of the Zoning Code, which follows the list of permitted uses in the Commercial Zones, and applies to private property specifies that all uses shall be conducted within a building, except for "outdoor uses permitted by a C.U.P. as stated in the permitted use list.". Also, Section 12.16.090 of the Streets and Sidewalks Code which pertains to the public rights-of-way specifically requires a C.U.P. for commercial outdoor dining. Parking requirements are applicable to commercial uses in general. Section 17.44.030 specifically requires 1 space per 100 square feet of the "gross floor area" of a restaurant, 17.44.040 includes a 6%% standard for downtown, and "gross floor area" is defined by Section 17.44.010 as "the total area occupied by a building or structure, excepting therefrom only the area of any inner open courts, corridors, open balconies (except when utilized, e.g. restaurant seating or similar usage), and open stairways. Such total area shall be calculated by measuring along the outside dimensions of the exterior surfaces of such building or structure."
4. "Traffic Impact Analysis Downtown Outdoor Dining Ordinance," prepared by Linscott, Law, and Greenspan Engineers, dated April 9, 1997, available on file in the Community Development Department.
5. "City of Hermosa Beach, Downtown Circulation and Parking Study" prepared by Korve Engineering, dated April 9, 1996., for references and calculations relative to outdoor dining and cumulative impact of outdoor dining in conjunction with anticipated development, see pages B-14; B-49 through B-59 of text, and Appendix B tables B-1 through B-4.
6. Sidewalk dining per restaurant: 12' depth X 25' width (30' typical frontage - 5'entrance aisle) = 300 sq. ft.

• Number of existing restaurants: 11
• Total Outside Dining, Lower Pier Avenue: 300 X 11 = 3300 square feet

1. See Coastal Commission report dated 9/24/94 on Hermosa Beach's Major Land Use Plan Amendment No. 1-94, page 11 and attachment F. The surplus of parking was determined based on a shared parking ratio of one space per 250 square feet of existing floor area of all retail, restaurant, and office uses. The calculated surplus was then multiplied by a lower parking ratio of 1:385 square feet (65% of the 1:250 ratio) to yield the allowable new development of 96,250 square feet that would not require additional parking.

ORDINANCE 97-

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 27, 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 day of by the following vote:

RESOLUTION 97-

A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA TO SUBMIT REQUESTS TO THE COASTAL COMMISSION TO IMPLEMENT ELEMENTS OF THE DOWNTOWN IMPROVEMENT PROJECT, INCLUDING A REQUEST FOR A LAND USE PLAN AMENDMENT THE CHANGE THE DESIGNATION OF PIER AVENUE FROM A COLLECTOR TO A LOCAL STREET AND AN APPLICATION FOR A COASTAL DEVELOPMENT PERMIT TO ALLOW OUTDOOR DINING ON LOWER PIER AVENUE AND TO INSTALL PARKING METERS TO CHARGE FOR SHORT-TERM PARKING ON UPPER PIER AVENUE.

WHEREAS, the City Council held a public hearing May 27, 1997, to consider the text amendments and a Parking Plan for outdoor dining on Lower Pier Avenue, and previously held public hearings on September 10, 1996, for to amend the Circulation Element of the General Plan to redesignate Pier Avenue from a collector street to a local street, and on to approve metering of parking on upper Pier Avenue.

WHEREAS, the City Council has already approved the design and type of improvements to be included in the downtown improvement project which is under construction and near completion for Lower Pier Avenue, and which includes a plan for outdoor dining in the widened sidewalk areas; and,

WHEREAS, the proposed outside dining program, the metering of parking, and the change in the designation of Pier Avenue in the Circulation Element of the General Plan do not interfere with the public's right of access to the beach and the sea; will maintain and enhance public access to the coast including the provision of adequate parking; and, will therefore be consistent with the public access and development policies of Coastal Act.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE TO SUBMIT AN APPLICATION FOR A LAND USE PLAN AMENDMENT AND COASTAL DEVELOPMENT PERMIT TO FURTHER IMPLEMENT THE DOWNTOWN IMPROVEMENT PROJECT:

PASSED, APPROVED, and ADOPTED this day of , 1997,

RESOLUTION NO. 97-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION'S DECISION TO APPROVE A PARKING PLAN FOR A REDUCED PARKING REQUIREMENT AND TO ACCEPT SET ASIDE FUNDS IN-LIEU OF PROVIDING REQUIRED PARKING TO ALLOW OUTDOOR DINING ON LOWER PIER AVENUE AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION

WHEREAS, the City Council held a public hearing on May 27, 1997, to reconsider the decision the Planning Commission and to receive oral and written testimony regarding the subject Parking Plan and made the following findings:

A. In order to effectively implement the outdoor dining portion City's Downtown Improvement Project the City is proposing to satisfy parking requirements for the all the potential outside dining on lower Pier Avenue (west of Hermosa Avenue) on a district-wide basis.

B. The parking requirement for the potential use of 3300 square feet of the newly widened sidewalk area is 22 spaces, based on the parking requirement for restaurant use in the downtown area. Also, pursuant to Section 17.44.210 Parking Plans and Section 17.44.220 Consolidated Parking, it is appropriate to reduce the applicable ratio for the subject outside dining to 1 space per 250 square feet resulting in a requirement of 13 spaces based on the following factors:

• The unique and seasonal nature of the proposed outdoor restaurant uses, which are ancillary to the primary indoor restaurant use,
• The distinctly pedestrian nature of the lower Pier Avenue and its close proximity to a regional bike path
• Availability of public parking areas within close proximity to Pier Avenue and the shared parking it offers for the variety of commercial uses in the downtown district;

C. Accepting set-aside funds for the required 13 spaces in lieu of providing any additional parking is appropriate for the proposed use within the downtown vehicle parking district, and consistent with Section 17.44.190 of the Zoning Ordinance;

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

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL DOES HEREBY SUSTAIN THE PLANNING COMMISSION DECISION TO APPROVE A PARKING PLAN TO APPLY A REDUCED PARKING REQUIREMENT AND TO ALLOW USE OF CITY SET-ASIDE FUND IN-LIEU OF PROVIDING REQUIRED PARKING

SECTION I Specific Conditions of Approval

1. Set aside funds shall be provided in the amount of $78,000 to a downtown parking improvement fund, in-lieu of providing the required 13 additional parking spaces, prior to the issuance of encroachment permits for outside seating.

2. The reduced parking requirement and distribution of parking in-lieu funds shall be applicable only for outdoor dining on Lower Pier Avenue, limited to a maximum of 3300 square feet. The City shall tabulate the areas of all outdoor dining that obtain encroachment permits, and when the cumulative total exceeds 3300 square feet, any further requests will have to comply with parking requirements pursuant to Section 17.44 of the zoning ordinance (the calculation of outdoor dining areas may exclude entrance aisles and other areas not usable for seating purposes.)

PASSED, APPROVED, and ADOPTED this day of , 1996,