“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” APPEAL OF A USE PERMIT AMENDMENT AT 901
AND 903 MANHATTAN AVENUE
CITY COUNCIL
OCTOBER 18, 2022
2CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •1984 - CUP approved to establish a
restaurant with an on-site general alcohol
service license and live entertainment at 903
Manhattan Ave
•2015 - Arthur J commenced operations at
903 Manhattan Ave
•1992 – 2021 - 901 Manhattan Ave. occupied
by personal service use (dry cleaner)
•7/1/2021 – Subject application submitted
BACKGROUND
3CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •Current operating hours at the existing
restaurant are 4:00 p.m. to 12:00 a.m.
Sunday - Thursday, and 4:00 p.m. to 1:00
a.m. Friday and Saturday.
•City Council Resolution No. 4108 limits live
entertainment to no later than 12:00 a.m.
Sunday - Thursday and 1:00 a.m. Friday
and Saturday.
BACKGROUND (CONT’D)
4CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •Northwest corner of 9th St and Manhattan Ave.
•Surrounded by commercial, and multifamily-
family residential.
VICINITY MAP
5CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •Existing Site Characteristics:
º 5,387 sq.ft. parcel
º Occupied by a 5,321 sq.ft. building.
•Arthur J Restaurant:
º Primary tenant, occupying 4,180 sq.ft.
•Vacant Tenant Space:
º 1,141 sq.ft. in size, previously dry cleaner.
•Existing Parking:
º 4 on-site parking spaces
EXISTING SITE CHARACTERISTICS
6CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •July 1, 2021 – applicant submits request to
amend an existing Use Permit to allow
expansion of an “Eating and Drinking
Establishments” use with alcohol service
into 901 Manhattan Ave.
•Proposed expansion will include:
º Private dining room(s)
º Service stations for staff use
º New restroom and storage closet
PROJECT OVERVIEW
7CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.”
PROJECT OVERVIEW
Photo: April 2019
8CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.”
PROJECT SITE PLAN
Site Exterior
*No
modifications
of the
existing
building
envelope are
proposed.
Manhattan Avenue
9th Place
9th Street
9CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.”
PROPOSED FLOOR PLAN
Commercial
Interior T.I.
• 2 private dining
rooms
• 3 service
stations
• Existing entry to
remain
• 1 pass-through
window
• ADA compliant
restroom and
storage
Max. 42
seats
10CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” FAÇADE IMPROVEMENTS
11CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •Manhattan Beach General Plan:
•Manhattan Beach Local Coastal Program:
º LCP Chapter A.16 – commercial districts
º LCP Chapter A.56 – nonresidential site
regulations
º LCP Chapter A.84 – discretionary
regulations
GOVERNING REGULATIONS
12CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.”
1. “The proposed location of the use is in accord with the objectives of this title and the purposes of the district in which the site is located.”
2. “The proposed location of the use and the proposed conditions under which it would be operated or maintained will be
consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing or working on the proposed project site or in or adjacent ….”
3. “The proposed use will comply with the provisions of the City’s Planning and Zoning Title, including any specific condition required for the proposed use in the district in which it would be located.”
4. “The proposed use will not adversely impact or be adversely impacted by nearby properties.”
USE PERMIT REQUIRED FINDINGS
13CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •August 10, 2022
º Planning Commission considered the
subject Use Permit Amendment request.
º Unanimously voted to approve the
proposed request
PLANNING COMMISSION HEARING
14CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •August 22, 2022: Appeal of Planning
Commission’s decision was submitted.
•Appellant: Donald McPherson
•The Municipal Code provides that appeals
and reviews of Planning Commission quasi-
judicial decisions be conducted as a public
hearing de novo.
APPEAL
15CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •“……city unlawfully claims the project exempt
from a coastal permit”
º April 2022 - Staff filed a Notice of
Exemption from the requirement of a CDP.
•“The increase in occupancy from the
expansion will increase parking demand …”
º Section A.64.050 of the City’s LCP.
APPEAL: MCPHERSON
16CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •“…30% increase in eat and drink area
requires environmental review…”.
º project qualifies for a Class 3 categorical
exemption pursuant to Section 15303.
• “…Arthur J appears to commit a misdemeanor each
day with eat and drink encroachments”.
º The restaurant’s temporary outdoor dining deck is
not part of the subject request.
APPEAL: MCPHERSON
17CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.”
ENVIRONMENTAL DETERMINATION
CEQA GUIDELINES
Categorical Exemption
Section 15303 (Class 3)
Exempts the conversion of existing small
structures from one use to another
Thus, no further environmental
review is necessary
18CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •October 6th, 2022 – In compliance with
LCP A.84.040(B), notices were mailed
(500-foot radius & 158 properties), posted
at City Hall, and published in Beach
Reporter.
•October 12, 2022 – Staff report and
attachments released for public review.
•X public comments received
NOTICING AND PUBLIC COMMENT
19CITY OF
MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.” •Conduct a public hearing
•Direct Staff to draft a Resolution making a
environmental determination under CEQA
and approving the Use Permit Amendment
with conditions.
RECOMMENDATION
OCTOBER 18, 2022
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and the agenda report, the information in the agenda report prevails.”
CONSIDERATION OF AN APPEAL OF A USE
PERMIT AMENDMENT AT 901 AND 903
MANHATTAN AVENUE
CITY COUNCIL
OCTOBER 18, 2022