TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, Acting City Manager
FROM:
Ryan Heise, Acting Community Development Director
Adam Finestone, Planning Manager
SUBJECT:Title
Consideration of a Resolution Approving a Commercial Encroachment Permit for an Existing Commercial Tenant Space Located at 401 Manhattan Beach Boulevard, and Associated Determination of Exemption Pursuant to the California Environmental Quality Act (Continued from the August 20, 2024, City Council Meeting) (Acting Community Development Director Heise).
(Estimated Time: 15 Mins.)
ADOPT RESOLUTION NO. 24-0091
Body
_________________________________________________________
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 24-0091, approving a commercial encroachment permit to accommodate an accessible ramp within the public right of way and finding the project exempt from the California Environmental Quality Act (CEQA)
FISCAL IMPLICATIONS:
Pursuant to Resolution No. 20-0025, approved by City Council on February 18, 2020, a $3.00 per square foot monthly fee will be assessed for commercial use of the public right of way. The applicant has requested use of approximately 258 square feet of the public right of way, with a resulting monthly fee of $773. This amount will change if the per-square-foot fee is amended in the future.
EXECUTIVE SUMMARY:
On January 18, 2024, Great White Partners Manhattan Beach, LLC (Applicant), submitted an application for a master use permit amendment for an existing structure located at 401 Manhattan Beach Boulevard (Property), which has been approved by the Planning Commission. The master use permit amendment was a requirement to accommodate the applicant’s proposed operations and modifications to the tenant space. In addition to the master use permit, the Applicant submitted an application for an encroachment permit for the long-term commercial use of the public right of way to accommodate an accessible ramp. Such permit can only be approved by the City Council.
BACKGROUND:
A master use permit, and amendments thereto, have been in-place for the Property since 1992, and operation of the tenant space is currently governed by Planning Commission Resolution No. 05-05, a copy of which is included with this report as Attachment 2. On July 24, 2024, the Planning Commission adopted Planning Commission Resolution No. 2024-06 (Attachment 3 hereto), approving the Master Use Permit amendment, and on August 6, 2024, a report on the Planning Commission’s quasi-judicial action on the Master Use Permit amendment was included as an informational item on the City Council agenda (see Attachment 4 to this report). Pursuant to Manhattan Beach Municipal Code Chapter 10.100, Planning Commission quasi-judicial decisions can be appealed by the public or called up for review by the Council if two Councilmembers each file a Council review form within 15 days of the Commission’s decision. No appeal or call for review was filed within the 15 day period. Thus, the decision approving the Master Use Permit amendment is final.
On August 20, 2024, a request for a commercial encroachment permit was brought forward to the City Council, at which time the City Council continued the item to a future meeting The staff report for the August 20, 2024, agenda item is included as Attachment 5 to this report.
DISCUSSION:
As part of staff’s analysis of the Applicant’s master use permit amendment request, it was determined that a commercial encroachment permit was required because of proposed modifications to an existing accessible ramp leading to a relocated entrance to the tenant space. While the Planning Commission serves as the decision-making authority on master use permits, or amendments thereto, pursuant to Section A.84.020 of the Manhattan Beach Local Coastal Program (LCP), Section 7.36.170(A) of the LCP vests authority for approving long-term commercial use of the public right of way with the City Council.
Commercial Encroachment Permit
The aforementioned Planning Commission Resolution No. 05-05 included a condition that required an encroachment permit to be approved by City Council for any long-term commercial use of the public right of way. The tenant space as it exists today includes an accessible ramp within the public right of way, however staff has been unable to locate documentation that an encroachment permit was ever obtained for this ramp, and no fees have been collected for use of this portion of the public right of way since at least 2013.
Because the proposed improvements include a relocation of the entrance to the tenant space, a modification to the accessible ramp is also necessary. The encroachment area for the existing ramp is approximately 166 square feet, including a small planter that delineates it from the adjacent, flat sidewalk. The new ramp would be approximately 258 square feet, including a slightly larger planter area serving the same purpose. The new ramp would not project any further into the sidewalk than the existing ramp. Plans for the encroachment permit are included as Attachment 6 to this report.
It should be noted that Planning Commission Resolution No. 24-06, which approved the Master Use Permit amendment described below, includes a provision which states that said amendment will not become effective unless and until the City Council approves an encroachment permit for the long-term commercial use of the public right of way. In the event that the City Council denies the encroachment request, the applicant would have to resubmit revised plans that address the accessibility ramp issues on private property.
Master Use Permit
A description of the changes authorized through the Planning Commission’s approval of the Master Use Permit amendment is provided below for reference. A copy of the staff report from the July 24, 2024, Planning Commission meeting, where the Master Use Permit amendment was approved, provides additional detail and is included as Attachment 7 to this report.
Indoor/Outdoor Seating Area
The existing building will be modified in a manner which will decrease the existing indoor seating area and increase the existing outdoor seating area. The indoor seating area will be reduced by 802 square feet (from 1,200 square feet to 398 square feet) and the outdoor seating area will be enlarged by 249 square feet (from 450 square feet to 699 square feet). The overall tenant space (indoor and outdoor) will increase by a total of 32 square feet due to an increase in indoor space used for non-seating area (kitchen, hallways, restrooms, etc.). As such, the approved modifications will change the location of uses within the tenant space without substantially increasing the total usable space.
Hours of Operation for Outdoor Dining
The existing hours of operation for the tenant space are limited to 7am to 11pm daily, with the outdoor seating area required to close at 10pm. The applicant requested, and the Planning Commission approved, an extension of the hours of operation for the outdoor seating area by one hour so that they match the hours of operation for the indoor seating area. The one hour increase for the outdoor seating area is consistent with the hours of operation for outdoor seating areas of other eating and drinking establishments in the vicinity. The location of the new outdoor seating area will remain the same as the existing outdoor seating area (facing Manhattan Beach Boulevard) and is approximately 200 feet from the closest residential use. Additionally, the project will be subject to the City’s noise ordinance. As such, any increase in potential noise impacts is anticipated to be negligible. To further guard against any potential noise impacts, the Planning Commission’s approval included conditions to provide noise attenuation for the outdoor seating area and to bring the Use Permit back for review one year after commencement of operations.
Expansion of Alcohol License
The existing use permit allows service of beer and wine in conjunction with the operation a restaurant. As part of the Master Use Permit amendment, the Applicant requested, and the Planning Commission approved, the allowance for service of distilled spirits in addition to beer and wine. A corresponding alcohol license upgrade (from a Type 41 ABC license to a Type 47 ABC license) must also be obtained from the California Department of Alcoholic Beverage Control, and the applicant will be required to abide by all ABC license requirements in addition to all conditions established by this Use Permit. In instances where there are conflicts between the ABC license and the Master Use Permit, the more restrictive conditions would apply. The tenant space will continue to operate as a restaurant, and food must be available for purchase at all times when alcohol is served.
PUBLIC OUTREACH:
No public outreach has been conducted specific to this commercial encroachment permit request. However, as required by Section A.84.040 of the LCP, a public notice for the July 24, 2024, Planning Commission meeting (where the Master Use Permit amendment was considered and approved) was published in The Beach Reporter, mailed to all property owners within a 500-foot radius of the Property, and posted at City Hall, on July 11, 2024. No public comments were received ahead of the Planning Commission hearing, and only the applicant attended and spoke at the hearing.
ENVIRONMENTAL REVIEW:
The City has reviewed the Project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Specifically, the Project involves a minor modification to an existing accessible ramp which provides access to an existing tenant space, and involves a negligible expansion of the existing use. Furthermore, there are no features that would impact the environmental review of the Project which distinguish it from others in the exempt class. Thus, no further environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Resolution No. 24-0091
2. Planning Commission Resolution No. 05-05
3. Planning Commission Resolution No. 2024-06
4. City Council Meeting Staff Report - August 6, 2024
5. City Council Meeting Staff Report - August 20, 2024
6. Encroachment Permit Plans
7. Planning Commission Staff Report - July 24, 2024
8. PowerPoint Presentation