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 City of Hermosa Beach --- 11-14-00
Objective: To provide information and alternatives for the City Council to initiate an overall study of downtown uses, prevent any conversions of existing retail or office space to restaurant use and to set the parking requirements and the parking baseline for all existing uses.
Background: The issue of determining the uses in the downtown area (the downtown as used here is Pier Avenue from Valley to the Strand and Hermosa Avenue from 8 th to 16 th streets) has been discussed for some time. The issues recently have centered around adding retail businesses in the downtown area. The discussion has also included whether or not a specific plan, CUP process, or an overlay zone would result in the mix of business that would be successful in the downtown area. Undertaking a comprehensive study of this scope does require some time. The effort can provide a very useful set of guidelines that will help direct the future of development in the area. In some cases incentives might be made available to encourage the type of use that serves the residents and visitors and also be successful. As an example one of the early goals of the RUDAT study was the provision of parking that would serve a day time office use. This seems to be happening with the 1303 Hermosa Avenue building and the renovation of the Bijou that will have both retail and office. This of course, brings in day time users and assists the existing businesses and will help build a base for retail sales. One of the biggest problems with retailers is that often they have more space needs than building owners can provide. We have a number of 2,700 square foot buildings that often will not meet the minimum square foot requirements for retailers. Another purpose of the study is to determine what market potential exists for each commercial use. In other words, what can we expect to happen. If we find that national type retail chains are not interested because of space limitations, what retailers can we expect and how do we help the property owners to attract these kind of tenants? Surely if we know what is possible we have a better chance of making a change that is supported by the community, the property owners and business operators. This information would be very helpful in developing a set of guidelines that could be implemented over a period of time. I also believe that it would give the City Council a framework to make future decisions especially those related to zoning matters. Staff has developed a suggested RFP for this work that if approved would be circulated to planning, economic type consultants that would develop a set of ideas and information and strategy for achieving the approval goals, etc. that would be the outcome of the report. The proposed RFP says that we are interested in attaching more office and retail. This would be the major focus of the effort and hopefully from this study we would be able to learn whether or not it is a realistic goal. It may turn out that for a number of factors, it may be difficult to achieve. But this would at least show the City Council and the community what changes would need to be made to achieve such a goal. Staff recommends that the City Council should do:
11/14/00 Adopt Ordinance
11/28/00 Report setting Public Hearing 12/12/00 Public Hearing on Moratorium 1/9/01 Forty-five day Ordinance review
1/10/01 Study begins 3/1/01 Public meetings
4/15/01 Final report - any recommendations
5/15/01 Consider adopting recommendations
6/15/01 Ordinance, etc. to P.C. 7/15/01 Ordinance, etc. to C.C. 9/15/01 Recommendations
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HERMOSA BEACH ESTABLISHING A MORATORIUM ON THE CONVERSION OF EXISTING COMMERCIAL SPACE TO RESTAURANT USE AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH does hereby ordain as follows: Section 1. Moratorium declared. Except s otherwise provided in Section 4 hereof, the City of Hermosa Beach hereby declares a moratorium on the issuance of building permits, demolition permits, conditional use permits, variances, zone changes, precise development plans and any other entitlements for the use or development of land which would result in the conversion of commercial space to new or expanded restaurant use in the geographic area of the City described in Exhibit A attached hereto and incorporated herein by this reference. Section 2. Moratorium defined. Except as otherwise provided in Section 4 hereof, notwithstanding any other ordinance or Code of the City of Hermosa Beach, no application for a building permit, demolition permit, conditional use permit, variance, zone change, precise development plan or other permit or entitlement for use for new construction shall be accepted, processed or issued which would result in the creation of new or expanded restaurant space from existing commercial space in the geographic area described in Exhibit A, and no environmental assessment, environmental impact report, negative declaration or categorical exemption shall be prepared in connection with any such permit or entitlement. Section 3. Definition. For purposes of the Ordinance, a "restaurant" shall mean as defined in Section 17.04.050 of the Municipal Code. Section 4. Exemptions. The moratorium or limitation provided for in Sections 1 and 2 hereof shall not be applicable to any of the following: a. New or expanded restaurant use for which discretionary permits were approved and final prior to the adoption of this Ordinance. b. Minor changes of a building footprint for an existing building or structure solely for the purpose of providing access for the disabled and if in compliance with applicable zoning and development standards. c. Minor modifications to an existing building required by law to be constructed in order for the building to comply with applicable fire, building or other safety requirements. d. Emergency repair or replacement of a structure existing on or before November 14, 2000, and damaged by fire, flood, or other natural causes. e. Changes in the ownership, name, or operating characteristics of a restaurant existing as of November 14, 2000, unless the restaurant use has been abandoned for a period of longer than six months. Nothing contained in this section shall exempt or except construction or use exempted by this section from any requirement or regulation of the Building Code, Zoning Ordinance, or other ordinance of the City of Hermosa Beach. Section 5. Relief from Moratorium. The owner of any structure or property may apply to the City Council for relief from this moratorium on the grounds that the structure or property cannot be used for any economic purpose whatsoever absent n exception from this moratorium. Upon receipt of such an application, the City Council shall conduct a duly noticed public hearing, receive and consider the evidence submitted with regard to the application, and exempt the structure or property from this moratorium only if it finds that the structure or property cannot be used for any economic purpose whatsoever unless it is exempted from this moratorium. Section 6. Severability. If any part or provision of this Ordinance, or the application to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be effected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 7. Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in county jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 8. Statement of Purpose and Urgency Findings. The City of Hermosa Beach intends to conduct studies forthwith relative to the appropriate distribution of commercial uses in the geographic area described in Exhibit A, and in particular, to determine whether there exists an overconcentration of restaurants in that area to the detriment of other commercial activity. The purpose of this study and any subsequent legislation is to attain the goal of a healthy and diverse downtown business climate in which a wide array of businesses may thrive. Pending such studies, and the preparation and adoption of the appropriate zoning regulations, it is necessary for the immediate preservation of the public peace, health, safety and welfare that existing and/or new restaurants not capture an even greater share of finite commercial space, which would defeat the very purpose of adopting an ordinance that seeks commercial and retail diversification; consequently, it is necessary that this ordinance take effect immediately. If this ordinance does not take effect immediately, actions might be undertaken which may be in conflict with the ordinance ultimately adopted and commercial square footage may become committed in a way so as to undermine the very purpose of that ordinance. Due to the foregoing circumstances, there is a current and immediate threat to the public health, safety, and welfare. Therefore, it is necessary for the preservation of the public peace, health, safety and welfare that this ordinance take effect immediately. This ordinance is an interim ordinance and shall expire forth-five (45) days after the adoption thereof unless extended pursuant to the provisions of Section 65858 of the Government Code. This is an interim measure, adopted pursuant to the authorization of State law in order to maintain the status quo pending the completion of the studies and adoption of amended zoning regulations, or sooner. It is not a final disposition as to development of any particular parcel of property within the City. PASSED, APPROVED and ADOPTED this 14th day of November, 2000.
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