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RESOLUTION NO. PC 24-XX
A RESOLUTION OF THE MANHATTAN BEACH PLANNING COMMISSION
APPROVING A MASTER USE PERMIT AMENDMENT TO MODIFY AN EXISTING
STRUCTURE TO REDUCE THE INDOOR SEATING AREA AND INCREASE THE
OUTDOOR SEATING AREA, EXPAND HOURS OF OPERATION FOR OUTDOOR
DINING, AND ALLOW THE SALE AND SERVICE OF DISTILLED SPIRITS IN
ADDITION TO EXISTING A LLOWANCE OF SALE AND SERVICE OF BEER AND WINE, AT AN EXISTING TENANT SPACE LOCATED AT 401 MANHATTAN BEACH
BOULEVARD, AND FINDING THE PROJ ECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
THE MANHATTAN BEACH PLANNING COMMISSION DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On December 15, 1992, the City Council approved a use permit (City Council Resolution No. 4974) to allow the establishment of a drinking and eating establishment at 401 Manhattan Beach Boulevard (“Property”). On March 8, 2000, the Planning Commission approved a Master Use Permit (Planning Commission Resolution No. 00-7) to divide the existing building into three separate tenant spaces to accommodate two eating and drinking establishments and one office use. On May 2, 2000, the City Council considered an appeal of the Planning Commission’s decision and upheld the approval of the Master Use Permit (City Council Resolution 5570) with revised conditions related to alcohol, parking, and hours of operation. On March 23, 2005, the Planning Commission approved a Master Use Permit amendment (Planning Commission Resolution No. 05-05) to modify an existing outdoor dining area patio and allow for service of beer and wine at an existing tenant space at the Property.
SECTION 2. On January 18, 2024, Manny Diaz, on behalf of Great White Partners Manhattan Beach, LLC (“Applicant”), applied for a Master Use Permit Amendment to modify an existing structure to reduce the indoor seating area and increase the outdoor seating area, expand hours of operation for outdoor dining, and allow for sale and service of distilled spirits in addition to the existing allowance of sale of beer and wine in conjunction with the operation of an eating and drinking establishment in an existing tenant space (“Project”).
The amendment applies to the subject eating and drinking establishment and does not affect the existing eating and drinking establishment or office use on the site. Pursuant to the Manhattan Beach Local Coastal Program (“LCP”), the existing and proposed uses are classified as eating and drinking establishments.
SECTION 3. Use permits and amendments thereto are governed by Chapter A.84 of the LCP. Section A.84.010 specifies that, “[ U]se permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.” Section A.84.105.D denotes that an amendment to a master use permit is required any time modifications to existing conditions of approval are reque sted. The Applicant’s request includes modifications to existing conditions, thus a master use permit amendment is required.
SECTION 4. On July 24, 2024, the Planning Commission conducted a duly noticed public hearing to consider the Project, during which the Planning Commission received a presentation by staff and testimony from the Applicant , and provided an opportunity for the public to provide evidence and testimony. The Planning Commission also received and reviewed written testimony received by the City prior to the public hearing.
SECTION 5. The Project qualifies for a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities, which is a Class 1 exemption.
The Master Use Permit amendment involves a request to reduce the indoor seating area and increase the outdoor seating area, expand hours of operation for outdoor dining, and allow for sale and service of distilled spirits in addition to the existing allowance of sale and service of beer and wine in conjunction with the operation of an eating and drinking establishment in an existing tenant space. The proposed changes would be a negligible expansion to an existing use. There are no features that distinguish this project from others in the exempt class; therefore, there are no unusual circumstances.
SECTION 6. The record of the public hearing indicates:
A. The legal description of the site is: Lot 1 in Block 97 of Manhattan Beach Division No. 2 Tract, in the City of Manhattan Beach, County of Los Angeles, as per Map recorded in Book 1 page 95-
96. The site is located in Area District III and is zoned Downtown Commercial (CD), with a General Plan land use designation of Downtown Commercial. The site is within the non - appealable portion of the City’s Coastal Zone, and surrounding properties are zoned CD on all sides.
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RESOLUTION NO. PC 24-XX
B. The use is conditionally permitted in the CD zone subject to a Use Permit and is in compliance with the City’s General Plan designation of General Commercial. The General Plan designation of General Commercial encourages the Downtown Commercial land use category to provide “services and activities to our residents and visitors.”
C. The eating and drinking establishment use is currently governed by a master use permit approved by the Planning Commission in 2005. The use has been operated in compliance with the current Master Use Permit.
D. The Applicant is requesting approval of a master use permit amendment for the following changes:
1) A decrease in the maximum indoor seating area from 1,200 square feet to 818 square feet and an increase in the maximum outdoor seating area from 450 square feet to 832 square feet;
2) Extension of hours of operation for outdoor dining to allow service until 11pm, whereas the current limit is10pm; and
3) Allowance for sales and service of distilled spirits (Type 47 ABC License) in addition to the existing allowance of beer and wine sales and service (Type 41 ABC License).
E. The Project is consistent with following General Plan goals and policies, as described in the staff report prepared for the Project:
Land Use Plan Goal LU -6: Maintain the viability of the commercial areas of Manhattan Beach.
Land Use Plan Policy LU -6.2: Encourage a diverse mix of businesses that support the local tax base, are beneficial to residents, and support the economic needs of the community.
Land Use Plan Goal LU -7: Continue to support and encourage the viability of the Downtown area of Manhattan Beach.
SECTION 7. Based upon substantial evidence in the record, and pursuant to Section A.84.060 of the LCP, the Planning Commission hereby makes the following findings related to the Master Use Permit amendment:
A. 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 for the following reasons:
The proposed project is in the City’s CD zoning district. The LCP’s stated purpose for the CD zone is to provide opportunities for residential, commercial, public and semipublic uses that are appropriate for the downtown area. In addition, the CD zoning district is intended to accommodate a broad range of businesses that serve beach visitors. Such businesses include eating and drinking establishments. Eating and drinking establishment uses are permitted in a commercial zone with a use permit. An existing eating and drinking establishment was approved in March 23, 2005, through adoption of Planning Commission Resolution No. 05 -05. The new tenant will continue the same use and have substantially similar operating characteristics.
B. The proposed location of the use and the proposed conditions under which the uses 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 o r in or adjacent to the neighborhood of such uses; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city for the following reasons:
The General Plan encourages a “vibrant downtown” that offers “services and activities for residents and visitors.” The property’s General Plan land use designation is Downtown Commercial, and the proposed changes to the existing eating and drinking establishment use are consistent with that designation. The Project is compatible with neighboring uses, as neighboring lots on all sides are developed with commercial uses. Furthermore, the Project was reviewed by the Building and Traffic divisions, the Public W orks, Police, and Fire Departments, and Waste Management, none of which raised concerns or objections. Therefore, the Project will not be detrimental to the public health, safety or welfare of persons residing or working on the site or in or adjacent to th e neighborhood of such use and will not be detrimental to properties or
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RESOLUTION NO. PC 24-XX
improvements in the vicinity or to the general welfare of the City.
When taken together, the requested physical and operational changes described above (expanded outdoor dining area, extended operating hours, and addition of alcohol service) do not result in a significant intensification of use because the site will contin ue to operate as an eating and drinking establishment, with the total seating area being reduced (when combining the indoor and outdoor seating areas). Additionally, the property is on a busy street and is not adjacent to any residential uses, and would op erate in a similar manner to other eating and drinking establishments in the vicinity.
C. The proposed use will comply with the provisions of this title, including any specific condition required for the proposed uses in the district in which they would be located for the following reasons:
The proposed project does not alter the existing use of the tenant space, which is an eating and drinking establishment. Eating and drinking establishments are permitted with the approval of a use permit within the subject property’s zoning district (CD) per LCP Section A.16.020. A Master Use Permit amendment is required if the new use does not conform to the approved mix of uses, parking requirements and certain conditions per LCP Section A.84.105.D, which is the case with this project. If the requested Master Use Permit amendment is approved, the eating and drinking establishment use will be in compliance with all provisions of Title A of the LCP.
Furthermore, conditions of approval that serve to minimize any potential adverse impacts associated with the project such as the hours of operation, the City’s noise ordinance, waste management, and signage requirements are included in the draft resolution (Attachment “A” to this staff report). Specifically, if adopted, the conditions in the Resolution will ensu re compliance with the required findings for a Use Permit and serve as the governing resolution for the development and operation of the project.
D. The proposed use will not adversely impact or be adversely impacted by nearby properties.
Potential impacts are related but not necessarily limited to traffic, parking, noise, vibration, odors, resident security and personal safety, and aesthetics, or create demands exceeding the capacity of public services and facilities which cannot be mitigated for the following reasons:
The proposed eating and drinking establishment use, does not adversely impact neighboring properties since there is no change in use and the project includes a minor expansion related to an existing alcohol license type and hours of operation for an outdoor seating area. Furthermore, eating and drinking establishments in the CD zone were contemplated by the General Plan and will not create demands exceeding the capacity of public services and facilities. Additionally, a Type 47 ABC license must be obtained from the California Department of Alcohol Beverage Control prior to commencement of sale of distilled spirits. Conditions of approval have been included in the draft resolution to address potential concerns and to minimize adverse impacts to the community.
SECTION 8. Based upon the foregoing, t he Planning Commission hereby APPROVES the Project, subject to the conditions below.
General
1. All conditions applied to PC Resolution No. 05-05 remain in full effect unless expressly modified by the conditions contained herein
2. The Project shall be in substantial conformance with the plans and project description submitted to, and approved by, the Planning Commission on July 24, 2024, as amended by these conditions. Any substantial deviation from the approved plans and project description, as conditioned, shall require review by the Community Development Director to determine if further approval from the Planning Commission is required.
3. Any questions of intent or interpretation of any condition will be reviewed by the Community Development Director to determine if further Planning Commission review and action is required.
4. At any time in the future, the Planning Commission or City Council may review the Master Use Permit for the purpose of revocation or modification in accordance with the requirements of the Manhattan Beach Municipal Code ( “MBMC”) Chapter 10.104. Modification may consist of conditions deemed reasonable to mitigate or alleviate impacts to adjacent land uses.
5. Community Development Department staff shall be allowed to inspect the site at any time to
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determine compliance with conditions imposed and Local Coastal Program requirements.
6. Future modifications and improvements to the site shall be in compliance with applicable Planning Division, Building Division, Public Works, Waste Management, Fire Department, and Health Department regulations, when applicable.
7. Any modifications to the site that necessitate accessibility improvements must comply with the accessibility requirements found in Title 24 of the California Code of Regulations, or successor code.
Operational
8. The Project shall be operated in conformance with all applicable provisions of the MBMC and this use permit.
9. The subject eating and drinking establishment shall have a maximum of 951 square feet of interior seating area and 699 square feet of outdoor seating area and no more than 3,000 square feet of building floor area.
10. Hours of operation shall be 7am-llpm daily, including outdoor seating area.
11. Noise emanating from the property shall be within the limitations prescribed by the City’s Noise Ordinance at all times, as specified in Chapter 5.48 of the MBMC and shall not create a nuisance to nearby property owners.
12. The kitchen shall remain open, and food shall be available for purchase, at all times when alcohol is available for purchase.
Alcohol
13. A Type 47 ABC license must be obtained from the California Department of Alcoholic Beverage Control prior to commencement of sales and service of distilled spirits.
14. The operation shall abide by all ABC license requirements and conditions at all times. If conflicts exist between conditions contained in the ABC license and those contained in this Use Permit Amendment, the more stringent conditions shall govern.
15. Alcohol service shall only be allowed within the enclosed building and in outdoor dining areas located on private property.
Procedural
16. Terms and Conditions are Perpetual; Recordation of Covenant. The provisions, terms and conditions set forth herein are perpetual, and are binding on the owner, its successors-in-interest, and, where applicable, all tenants and lessees of the site. Further, the owner shall submit the covenant, prepared and approved by the City, indicating its consent to the conditions of approval of this Resolution, and the City shall record the covenant with the Office of the County Clerk/Recorder of Los Angeles. Owner shall deliver the executed covenant, an d all required recording and related fees, to the Community Development Department within 45 calendar days of receipt of a signed copy of this Resolution. Notwithstanding the foregoing, the Director may, upon a request by owner, grant an extension to the 4 5-day time limit. The Project approval shall not become effective until the covenant is recorded.
17. This Master Use Permit Amendment shall not be effective unless and until the City Council approves an encroachment permit for long -term commercial use of the right -of-way for an accessible entrance ramp into the tenant space.
SECTION 9. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys’ Fees, Incurred by the City. The operator and owner (operator/owner) shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to this approval, related entitlements, or the City’s environmental review thereof. The operator/owner shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the operator/owner of any
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RESOLUTION NO. PC 24-XX
claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the operator/owner of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the operator/owner shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The operator/owner shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this Section shall be construed to require the operator/owner to indemnify Indemnitees for any Claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall e stimate its expenses for the litigation. The operator/owner shall deposit said amount with the City or enter into an agreement with the City to pay such expenses as they become due.
SECTION 10. The Planning Commission’s decision is based upon each of the totally independent and separate grounds stated herein, each of which stands alone as a sufficient basis for its decision.
SECTION 11. This Resolution shall become effective when all time limits for appeal as set forth in MBMC Section Chapter 10.100 have expired.
SECTION 12. The Secretary of the Planning Commission shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Applicant. The Secretary shall make this resolution readily available for public inspection.
[Continued on following page]
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RESOLUTION NO. PC 24-XX
SECTION 13. This Use Permit Amendment shall lapse two years after its date of approval, unless implemented or extended pursuant to 10.84.090 of the Municipal Code.
July 24, 2024
Kristin Sistos
Planning Commission Chair
I hereby certify that the following is a full, true, and correct copy of the Resolution as ADOPTED by the Planning
Commission at its regular meeting on July 24, 2024, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Talyn Mirzakhanian
Secretary to the Planning Commission
Rosemary Lackow
Recording Secretary
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ATTACHMENT C
VICINITY MAP
401 MANHATTAN BEACH BOULEVARD
401 Manhattan Beach Blvd.
Manhattan Beach Blvd.
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PHOTO KEY
Great White
401 Manhattan Beach Blvd, Manhattan Beach, CA 90266
North
6 7
4 3
1 2
5
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2 1
Manhattan Beach Blvd, across street facing outdoor patio in front of subject site. Direction: Northwest Manhattan Beach Blvd, across street facing subject site. Direction: Northwest
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4 3
Manhattan Beach Blvd, across street facing subject site. Direction: West Manhattan Beach Blvd, across street facing subject site. Direction: North
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6 5
Manhattan Beach Blvd, on sidewalk along subject site. Direction: Southwest Manhattan Beach Blvd, on sidewalk along subject site. Direction: Northeast
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7
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NOTES AND ABBREVIATIONS
SYMBOLS AND TAGSPROJECT INFORMATION
LEGAL DESCRIPTION:
GREAT WHITE
MANHATTAN BEACH, CALIFORNIA 90266
AREA CALCULATIONS:
CONSULTANTS: VICINITY MAP
GOVERNING CODES:
401 MANHATTAN BEACH BOULEVARD
PLOT PLAN
SEATING COUNT:
A-0.0
NA T A L I E
KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
GREAT WHITE
DEFERRED SUBMITTALS:
PROJECT LOCATION
OCCUPANCY LOAD
PROPOSED:
AREA USE
OCCUPANCY
GROUP
OCCUPANCY
LOAD
TOTAL
OCCUPANTS
150 SF.
NET FLOOR
AREA
TOTAL BUILDING AREAS
699 SF. OUTDOOR PATIO
266 SF.
132 SF.
EGRESS ANALYSIS
375 SF.
GROSS FLOOR
AREA
176 SF.
2,301 SF.
295 SF.
403 SF.
150 SF.
398 SF. 398 SF.
798 SF.879 SF.
2,119 SF.
699 SF.
TOTAL
AREA USE
OCCUPANCY
GROUP
OCCUPANCY
LOAD
TOTAL
OCCUPANTS
398 SF.
879 SF.
FLOOR
AREA
TOTAL OCCUPANT LOAD PER TABLE A
PER TABLE 4-1 OCCUPANT LOAD FACTOR:[BSC] - ACCESSORY AREAS SUCH AS, BUT NOT LIMITED TO,
HALLWAYS/CORRIDORS, STAIRWAYS, RAMPS, TOILET ROOMS, MECHANICAL ROOMS, CLOSETS AND FIXED EQUIPMENT, MAY BE EXCLUDED.
PLUMBING FIXTURE JUSTIFICATION - OCCUPANCY LOAD
PLUMBING FIXTURE CALCULATIONSFIXTURE CALCULATIONS
[2] [2]
[1]
**
*[1] 2022 CALIFORNIA PLUMBING CODE (C.P.C.) CHAPTER 4
[2] 2022 CALIFORNIA PLUMBING CODE (C.P.C.) TABLE 421.1
[3] 2022 CALIFORNIA PLUMBING CODE (C.P.C.) TABLE 422.2** 699 SF.
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N A T A L I E
KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
GREAT WHITE
A-0.1
FIRE - RESISTANCE RATED CONSTRUCTION
GENERAL NOTES & SPECIFICATIONS:
MISCELLANEOUS NOTES
GENERAL REQUIREMENTS:
MEANS OF EGRESSHEALTH DEPARTMENT NOTES:
” ” ”
DOOR AND WINDOW NOTES:
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NA T A L I E
KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
GREAT WHITE
A-0.11
OCCUPANCY LOAD
PROPOSED:
EGRESS ANALYSIS
AREA USE
OCCUPANCY
GROUP
OCCUPANCY
LOAD
TOTAL
OCCUPANTS
398 SF.
879 SF.
FLOOR
AREA
TOTAL OCCUPANT LOAD PER TABLE A
PER TABLE 4-1 OCCUPANT LOAD FACTOR:[BSC] - ACCESSORY AREAS SUCH AS, BUT NOT LIMITED TO,
HALLWAYS/CORRIDORS, STAIRWAYS, RAMPS, TOILET ROOMS, MECHANICAL ROOMS, CLOSETS AND FIXED EQUIPMENT, MAY BE EXCLUDED.
PLUMBING FIXTURE JUSTIFICATION - OCCUPANCY LOAD
PLUMBING FIXTURE CALCULATIONSFIXTURE CALCULATIONS
[2] [2]
[1]
**
*[1] 2022 CALIFORNIA PLUMBING CODE (C.P.C.) CHAPTER 4
[2] 2022 CALIFORNIA PLUMBING CODE (C.P.C.) TABLE 421.1
[3] 2022 CALIFORNIA PLUMBING CODE (C.P.C.) TABLE 422.2** 699 SF.
AREA USE
OCCUPANCY
GROUP
OCCUPANCY
LOAD
TOTAL
OCCUPANTS
150 SF.
NET FLOOR
AREA
TOTAL BUILDING AREAS
699 SF. OUTDOOR PATIO
266 SF.
132 SF.
375 SF.
GROSS FLOOR
AREA
176 SF.
2,301 SF.
295 SF.
403 SF.
150 SF.
398 SF. 398 SF.
798 SF.879 SF.
2,119 SF.
699 SF.
TOTAL
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A-1.0 2
1 NA T A L I E
KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
GREAT WHITE
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KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
GREAT WHITE
A-1.1
1 4
3 2
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A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
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1 4
3 2
A-1.2
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1 3
EXIT
2 4
EXIT
EXIT
A-2.0
N A T A L I E
KAZANJIAN
A R C H I T E C T
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G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
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1 3
EXIT
2 4
A-2.1
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G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
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EXIT
EXIT
PROPOSED BUILDING AREA:
SEATING COUNT:
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A-2.2
N A T A L I E
KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
GREAT WHITE
3 5 4
1
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1 A-3.0
NA T A L I E
KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
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3
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1 2
A-4.0
N A T A L I E
KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
GREAT WHITE
2
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1 A-4.1
N A T A L I E
KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
i n f o @ n a t a l i e k a z a n j i a n . c o m
n a t a l i e k a z a n j i a n . c o m
GREAT WHITE
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A-4.2
N A T A L I E
KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
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n a t a l i e k a z a n j i a n . c o m
GREAT WHITE
12 3
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A-5.0
N A T A L I E
KAZANJIAN
A R C H I T E C T
1 2 0 4 D O N J O S E D R I V E
G L E N D A L E , C A 9 1 2 0 7
T : 3 1 0 . 7 4 8 . 9 2 1 8
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n a t a l i e k a z a n j i a n . c o m
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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.
PC MTG 07/24/2024
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
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PC MTG 07/24/2024
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
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PC MTG 07/24/2024
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.
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PC MTG 07/24/2024
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
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PC MTG 07/24/2024