RESOLUTION
NO.
PC
05-05
RESOLUTION
OF
THE
PLANNING
COMMISSION
OF
THE
CITY
OF
MANHATTAN
BEACH
APPROVING
A
MASTER
USE
PERMIT
AMENDMENT
FOR
THE
MODIFICATION
OF
AN
OUTDOOR
PATIO
ON
THE
PROPERTY
LOCATED
AT
401
MANHATTAN
BEACH
BOULEVARD
(Pasta
Pomodoro)
THE
PLANNING
COMMISSION
OF
THE
CITY
OF
MANHATTAN
BEACH
DOES
HEREBY
RESOLVE
AS
FOLLOWS:
SECTION
1. The
Planning
Commission
of
the
City
of
Manhattan
Beach
hereby
makes
the
following
findings:
A.
The
Planning
Commission
of
the
City
of
Manhattan
Beach
conducted
apublic
hearing,
received
testimony,
and
considered
an
application
for
a
master
use
permit
amendment
at
its
regular
meeting
of
March
23,
2005;
for
the
modification
of
an
existing
450
square
foot
outdoor
dining
patio
to
remove
encroaching
area
and
include
service
of
beer
and
wine
on
the
property
legally
described
as
Lots
I&
2,
Block
97,
Manhattan
Beach
Division
#2
located
at
401
Manhattan
Beach
Boulevard
and
1148/1150
Momingside
Drive
in
the
City
of
Manhattan
Beach.
B.
The
applicant
for
the
subject
project
is
Pasta
Pomodoro,
and
the
owner
of
the
property
is
Dana
Ireland
C.
Pursuant
to
the
California
Environmental
Quality
Act
(CEQA),
and
the
Manhattan
Beach
CEQA
Guidelines,
the
subject
project
has
been
determined
to
be
exempt
(Class
32)
as
infill
development
within
an
existing
urbanized
area
per
Section
15332
of
the
CEQA
Guidelines.
D.
The
project
will
not
individually
nor
cumulatively
have
an
adverse
effect
on
wildlife
resources,
as
defined
in
Section
711.2
of
the
Fish
and
Game
Code.
E.
The
property
is
located
within
Area
District
ifi
and
is
zoned
CD
Commercial
Downtown.
The
surrounding
private
land
uses
consist
of
commercial
and
residential.
F.
The
General
Plan
designation
for
the
property
is
Downtown
Commercial.
G.
The
Local
Coastal
Program
designation
for
the
property
is
Downtown
Commercial.
A
coastal
development
permit
is
not
required
since
the
project
does
not
include
abuilding
enlargement
or
increase
in
intensity
of
land
use
classification.
H.
Approval
of
the
patio
modification
and
patio
beer
and
wine
service,
subject
to
the
conditions
below,
will
not
be
detrimental
to
the
public
health,
safety
or
welfare
of
persons
residing
or
working
in
or
adjacent
to
the
neighborhood
of
such
use;
and
will
not
be
detrimental
to
properties
or
improvements
in
the
vicinity
or
to
the
general
welfare
of
the
City
as
detailed
in
the
project
Staff
Report.
I.
The
project
shall
be
in
compliance
with
applicable
provisions
of
the
Manhattan
Beach
Municipal
Code.
J.
The
project
will
not
create
adverse
impacts
on,
nor
be
adversely
impacted
by,
the
surrounding
area,
or
create
demands
exceeding
the
capacity
of
public
services
and
facilities.
K.
A
total
of
34 parking
spaces
are
required
by
this
use
permit.
The
property
shall
comply
with
this
requirement
by
maintaining
34 city
merchant
parking
permits
or
other
equivalent
qualifying
off-
site
parking.
L.
This
approval
supercedes
all
previous
use
permit
approvals
on
the
site.
Applicable
conditions
from
the
original
master
use
permit
establishing
3 separate
commercial
tenancies,
and
an
amendment
removing
an
on-site
parking
lot
are
included
in
this
approval
and
shall
remain
in
effect.
This
Resolution,
upon
its
effectiveness,
constitutes
the
Master
Use
Permit
for
the
subject
property.
RESOLUTION
NO.
PC
05-05
Section
2. The
Planning
Commission
of
the
City
of
Manhattan
Beach
hereby
APPROVES
the
subject
master
use
permit
application
subject
to
the
following
conditions
(*indicates
asite
specific
condition):Construction/General
Operation
*
The
project
shall
be
operated
in
substantial
compliance
with
the
submitted
plans
as
previously
approved
by
the
City
Council
on
May
2,
2000,
and
Planning
Commission
on
March
23,
2005,
except
that
the
rear
parking
lot
portion
of
the
plans
shall
be
removed
from
the
site.
Any
substantial
deviation
from
the
approved
plans
must
be
reviewed
and
approved
by
the
Planning
Commission.
2. *
The
facility
shall
be
limited
to
a
maximum
of
8,414
square
feet
of
buildable
floor
area
including
amaximum
of
three
tenant
spaces.
Uses
permitted
at
the
ground
floor
level
shall
be
limited
to
restaurant,
retail
and
personal
services.
Uses
permitted
at
the
upper
floor
level
shall
be
limited
to
office,
retail,
and
personal
services.
No
single
restaurant
operation
shall
occupy
more
than
3,000
square
feet
of
building
floor
area.
The
front
restaurant
(if
applicable)
shall
have
a
maximum
of
1,200
square
feet
of
interior
seating
area
and
450
square
feet
of
outdoor
seating
area.
The
rear
restaurant
shall
have
amaximum
of
1,721
square
feet
of
interior
seating
area,
425
square
feet
of
banquet/entertainment
area
and
270
square
feet
of
outdoor
seating
area.
Uses
permitted
at
the
upper
floor
level
shall
be
limited
to
office,
retail,
and
personal
services.
3. A
Traffic
Management
Plan
shall
be
submitted
in
conjunction
with
any
construction
and
other
building
plans,
to
be
approved
by
the
Police
and
Public
Works
Departments
prior
to
issuance
of
building
permits.
The
plan
shall
provide
for
the
management
of
all
construction
related
traffic
during
all
phases
of
construction,
including
delivery
of
materials
and
parking
of
construction
related
vehicles.
4. All
electrical,
telephone,
cable
television
system,
and
similar
service
wires
and
cables
shall
be
installed
and
maintained
underground
to
the
appropriate
utility
connections
in
compliance
with
all
applicable
Building
and
Electrical
Codes,
safety
regulations,
and
orders,
rules
of
the
Public
Utilities
Commission,
the
serving
utility
company,
and
specifications
of
the
Public
Works
Department.
5. Detailed
plans
shall
be
provided
for
Community
Development
review
of
all
improvements
and
treatments
of
outdoor
areas
adjacent
to
the
building
prior
to
issuance
of
applicable
tenant
improvement
building
permits.
Alcohol
beverages
shall
be
prohibited
in
all
outdoor
areas.
No
improvements
or
use
of
the
public
right-of-way
shall
occur
until
issuance
of
a
corresponding
encroachment
permit
by
the
City
Council.
Any
areas
located
between
the
building
and
the
public
sidewalk
not
used
for
dining
area
or
entry/exit
wallcways
shall
be
on-grade
landscape
planter
areas.
Any
site
planting
plans
shall
utilize
drought
tolerant
native
plants
and
shall
be
submitted
for
review
and
approval.
A
low
pressure
or
drip
irrigation
system
shall
be
installed
in
the
planting
areas,
which
shall
not
cause
any
surface
run-off.
Details
of
the
irrigation
system
shall
be
noted
on
the
landscaping
plans.
The
type
and
design
shall
be
subject
to
the
approval
of
the
Public
Works
and
Community
Development
Departments.
6. Security
lighting
for
the
site
shall
be
provided
in
conformance
with
Municipal
Code
requirements
including
glare
prevention
design.
7. A
covered
trash
enclosure(s),
with
adequate
capacity
shall
be
provided
and
maintained
on
the
site
subject
to
the
specifications
and
approval
of
the
Public
Works
Department,
Community
Development
Department,
and
City’s
waste
contractor.
A
trash
and
recycling
plan
shall
be
provided
as
required
by
the
Public
Works
Department.
Page
2of
5 RESOLUTION
NO.
PC
05-05
8. *
A
total
of
34 off-site
parking
spaces
shall
be
provided
for
the
site.
This
requirement
may
be
satisfied
by
city
merchant
parking
permits,
or
other
qualif’ing
off-site
parking
pursuant
to
Chapter
10.64 of
the
Manhattan
Beach
Municipal
Code.
Parking
permit
fees
and
other
parking
permit
requirements
shall
be
provided
in
conformance
with
city/property
owner
agreements
established
pursuant
to
the
City
Council’s
direction
on
July
16,
2002.
9 *
Outdoor
dining
area
boundaries
shall
be
clearly
delineated
with
railings
or
other
physical
barriers.
10. *
All
new
signs
and
sign
changes
shall
be
in
compliance
with
the
City’s
Sign
Code.
Pole
signs
and
internally
illuminated
awnings
shall
be
prohibited.
A
sign
program
identif,’ing
allocation
and
restrictions
of
signs
shall
be
submitted
to
and
approved
by
the
Community
Development
Department
prior
to
the
issuance
of
any
sign
permits.
11. Noise
emanating
from
the
site
shall
be
in
compliance
with
the
Municipal
Noise
Ordinance.
12. Any
outside
sound
or
amplification
system
or
equipment
is
prohibited.
13. Operations
shall
comply
with
all
South
Coast
Air
Quality
Management
District
Regulations
and
shall
not
transmit
excessive
emissions
or
odors
across
property
lines.
14. Operations
shall
remain
in
compliance
with
all
Fire
and
Building
occupancy
requirements
at
all
times.
The
project
shall
conform
to
all
disabled
access
requirements
subject
to
the
approval
of
the
Building
Official.
15. The
management
of
the
property
shall
police
the
property
and
all
areas
immediately
adjacent
to
the
businesses
during
the
hours
of
operation
to
keep
itfree
of
litter.
16. The
operators
of
the
facility
shall
provide
adequate
management
and
supervisoay
techniques
to
prevent
loitering
and
other
security
concerns
outside
the
subject
businesses.
17. No
waste
water
shall
be
permitted
to
be
discharged
from
the
premises.
Waste
water
shall
be
discharged
into
the
sanitaiy
sewer
system.
18. The
design
and
construction
of
patio,
planting,
and
other
on-grade
areas
to
be
modified
at
the
site’s
perimeter
shall
be
coordinated
and
compatible
with
adjacent
public
and
private
improvements
as
determined
to
be
appropriate
by
the
Community
Development
Department.
Perimeter
locations
where
drainage
improvements
are
specifically
determined
to
be
necessary
by
the
Community
Development
Director
shall
be
improved
prior
to
any
service
or
consumption
of
beer
and
wine
at
the
modified
front
restaurant
patio
area.
19. The
subject
project
shall
contribute
an
appropriate
“fair
share”
of
funding
toward
the
costs
associated
with
upgrading
the
Morningside
Drive
sidewalk
abutting
the
site
if
such
aproject
is
initiated
prior
to
January
1,
2007.
Restaurant
Operations
20. *
A
maximum
of
2 tenant
spaces
shall
operate
as
eating
and
drinking
establishment
uses.
A
maximum
of
one
restaurant
may
include
counter
customer
service
only
in
combination
with
amethod
of
food
preparation
that
involves
interaction
and
direction
from
the
customers.
This
use
shall
not
be
considered
“take-out”
restaurant
use.
Entertainment
and
dancing
shall
be
permitted
for
private
parties
only,
Thursday
through
Saturday,
only
within
the
banquet
room
located
at
the
lower
rear
corner
of
the
building.
The
banquet
room
shall
have
no
exterior
windows,
doors,
or
other
openings.
Page
3of5
RESOLUTION
NO.
PC
05-05
21.*
Hours
of
operation
of
the
restaurants
or
other
ground
level
uses
shall
be
as
follows:
Front(4O1MBB)
7am
llpm,Daily
Rear
(1150
Morningside)
9am
11pm,
Sunday
through
Wednesday
7am
12am,
Thursday
through
Saturday
All
outdoor
seating
areas
shall
be
closed
at
10pm
daily.
22. Alcohol
service
shall
only
be
permitted
within
the
enclosed
building
and
approved
plan-
designated
outdoor
areas
within
private
property.
Alcohol
service
shall
occur
only
in
conjunction
with
the
service
of
food
to
patrons
except
within
the
single
service
bar
designated
on
the
submitted
plans
within
the
rear
restaurant.
Alcohol
service
within
the
front
restaurant
shall
be
limited
to
beer
and
wine.
Procedural23.
All
provisions
of
the
Use
Permit
are
subject
to
review
by
the
Community
Development
Department
6months
after
occupancy
and
yearly
thereafter.
24. This
Use
Permit
shall
lapse
two
years
after
its
date
of
approval,
unless
implemented
or
extended
pursuant
to
10.84.090
of
the
Municipal
Code.
25. Pursuant
to
Public
Resources
Code
section
21089(b)
and
Fish
and
Game
Code
section
711.4(c),
the
project
is
not
operative,
vested
or
final
until
the
required
filing
fees
are
paid.
26 The
applicant
agrees,
as
acondition
of
approval
of
this
project,
to
pay
all
reasonable
legal
and
expert
fees
and
expenses
of
the
City
of
Manhattan
Beach,
in
defending
any
legal
action
brought
against
the
City
challenging
the
approval
of
the
project.
27. At
any
time
in
the
future,
the
Planning
Commission
or
City
Council
may
review
the
Use
Permit
for
the
purposes
of
revocation
or
modification.
Modification
may
consist
of
conditions
deemed
reasonable
to
mitigate
or
alleviate
impacts
to
adjacent
land
uses.
Page
4of
5 RESOLUTION
NO.
PC
05-05
SECTION
3. Pursuant
to
Government
Code
Section
65009
and
Code
of
Civil
Procedure
Section
1094.6,
any
action
or
proceeding
to
attack,
review,
set
aside,
void
or
annul
this
decision,
or
concerning
any
of
the
proceedings,
acts,
or
determinations
taken,
done
or
made
prior
to
such
decision
or
to
determine
the
reasonableness,
legality
or
validity
of
any
condition
attached
to
this
decision
shall
not
be
maintained
by
any
person
unless
the
action
or
proceeding
is
commenced
within
90 days
of
the
date
of
this
resolution
and
the
City
Council
is
served
within
120
days
of
the
date
of
this
resolution.
The
City
Clerk
shall
send
a
certified
copy
of
this
resolution
to
the
applicant,
and
if
any,
the
appellant
at
the
address
of
said
person
set
forth
in
the
record
of
the
proceedings
and
such
mailing
shall
constitute
the
notice
required
by
Code
of
Civil
Procedure
Section
1094.6.
Ihereby
certif’
that
the
foregoing
is
alull,
true,
and
correct
copy
of
the
Resolution
as
adopted
by
the
Planning
Commission
at
its
regular
meeting
of
March
23,
2005
and
that
said
Resolution
was
adopted
by
the
following
vote:
AYES:
Kuch,
Simon,
Chairman
O’Connor
NOES:
None
ABSTAIN:
None
ABSENT:
Savikas
LGffTHOMPSON,Page
5of
5