RESOLUTION NO. 2022-11-HCR-03
A RESOLUTION OF THE HARBOR COMMISSION OF THE CITY OF
REDONDO BEACH APPROVING AN EXEMPTION DECLARATION
AND GRANTING A COASTAL DEVELOPMENT PERMIT AND
CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION AND
OPERATION OF A RESTAURANT USE ON PROPERTY LOCATED
WITHIN A COASTAL COMMERCIAL (CC-1) ZONE, AT 136
INTERNATIONAL BOARDWALK
WHEREAS, an application was filed for approval of an Exemption Declaration and consideration of a Coastal Development Permit and Conditional Use Permit to allow the 13 international Boardia sin a coastal Corner a (OT ceo property located at WHEREAS, notice of the time and place of the public hearing where the Exemption Declaration and application would be considered was given pursuant to State law and local ordinances by publication in the Easy Reader, by posting the subject property, and by mailing notices to property owners within 300 feet of the exterior boundaries of the subject property; and
WHEREAS, the Harbor Commission of the City of Redondo Beach has fully considered evidence presented by the applicant, the Waterfront and Economic Development Department, the Community Development Department, and other interested parties at the public hearing held on November 14, 2022, with respect thereto.
NOW, THEREFORE, THE HARBOR COMMISSION OF THE CITY OF
REDONDO BEACH, DOES HEREBY FIND:
1. In accordance with Sections 10-5.810, 10-5.2506, and 10-5.2512 of the Redondo Beach Municipal Code, the applicant's request for this Conditional Use Permit is consistent with the criteria set forth therein for the following reasons:
a) The site for the proposed use shall be in conformity with the General Plan and the Coastal Land Use Plan and shall be adequate in size and shape to accommodate such use and all setbacks, spaces, walls and fences, parking, loading, landscaping, and other features required by this chapter to adjust such use with the land and uses in the neighborhood.
The restaurant use located at 136 International Boardwalk is conditionally permitted in the Coastal Commercial (CC-1) zone. The Coastal Commercial Zone is specifically intended to allow uses that provide high quality experiences for both residents and visitors alike, and the activation of restaurant uses on the International Boardwalk is one of the best ways to ensure economic viability for other businesses and complete the mix of tenants and activities that is necessary to sustain activity. Both of the subject tenant spaces are located along the east side of the International Boardwalk. The existing tenant space RESOLUTION 2022-11-HCR-03
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has operated as a restaurant for decades. The aftemoon and evening restaurant use does not adversely affect parking as is demonstrated in the parking demand study completed by KOA Corporation (2/16/2022). b) The site for the proposed use shall have adequate access to a public street or highway of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use.
Tenant spaces are located on the International Boardwalk, which is accessed directly from Torrance Boulevard
c) The proposed use shall have no adverse effect on abutting property or the permitted use thereof.
The existing tenant space has operated as a bona-fide restaurant for several decades. Given this operational history, the site is appropriate for the existing and proposed uses. The existing use has not had, nor will not have, any adverse effects upon abutting properties or businesses. The location facing westerly and the location of the International Boardwalk buffers any potential noise to the surrounding residents. No physical alterations which would increase the physical size of the premises are requested. d) The conditions stated in the resolution or design considerations integrated into the project shall be deemed necessary to protect the public health, safety, and general welfare.
The proposed use will not result in adverse effects upon abutting properties or residential uses and conditions are imposed on the operating hours to ensure the continued unobtrusive operation of the restaurant.
e) The proposed use is a sufficient distance from residential uses and has been designed with adequate physical buffers to reduce potential noise impacts related to operation of the use, parking by employees and patrons, and pedestrian activities.
This application proposes no change in the distance from residential uses or change in design and physical buffers from residential uses. The existing use is of a sufficient distance and a lower elevation from residential uses to buffer and reduce any potential noise impacts related to operation of the uses.
Adequate parking is available in the adjacent structure. The operations does not impede pedestrian activities. The adjacent City parking structures have ample, surplus, and available capacity to handle any additional demand for parking that may be triggered by the small expansion into the neighboring tenant space.
f) The proposed hours of operation for the use are complementary to the business district in which the use is located, and will not negatively impact residential uses.
The hours of operation are complementary to the tenant mix on the International Boardwalk. The residential uses toward the east will not be adversely affected as the existing operational hours will remain consistent. g) The addition of the proposed use to the mix of commercial uses in its vicinity will not create a blighting influence.
The proposed expansion of the existing restaurant into the neighboring tenant space will allow activation of the underutilized space, and is expected to RESOLUTION 2022-11-HCR-03
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contribute significant synergy to all the other businesses on the Pier. The restaurant use contributes substantially to the City's goals of reducing seasonality, offering complementary business hours amongst different subtenants, attracting residents and visitors, and providing a high-quality experience to those visiting the Harbor and Pier Area. In granting this request, the Harbor Commission will be removing one of the significant land use entitlement obstacles toward actively leasing these spaces and will be working to ensure that further economic decline in the area is avoided to the extent feasible.
2. In accordance with Section 10-5.2218 of the Redondo Beach Municipal Code, the applicant's request for this Coastal Development Permit is consistent with the criteria set forth therein for the following reasons:
a) That the proposed development is in conformity with the Certified Local Coastal Program.
The restaurant use located at 136 International Boardwalk conforms to the Certified LCP in that the parking demand study demonstrates that the adequate parking is provided in the structure for recreational visitors, and enhances the existing visitor serving facility (restaurant);
b) That the proposed development, if located between the sea (or the shoreline of any body of water located within the coastal zone) and the first public road paralleling the sea, is in conformity with the public access and public recreation policies of Chapter 3 of Division 20 of the Public Resource Code (commencing with Section 30200).
The restaurant use located at 136 International Boardwalk does not impede public access as the existing public esplanade along Basin #3 will be maintained, and supports the public recreation policies of the Coastal Act and Local Coastal Plan as it enables reinvestment into this commercial recreational use;
c) That the decision-making body has complied with any CEQA responsibilities it may have in connection with the project, and that, in approving the proposed development, the decision-making body is not violating any CEQA prohibition that may exist on approval of projects for which there is a less environmentally damaging alternative or a feasible mitigation measure available.
Pursuant to Chapter 3, Title 10 of the Redondo Beach Municipal Code, the project is exempt from the preparation of environmental documents, pursuant to Section 15301 of the Guidelines for Implementation of the California Environmental Quality Act (CEQA).
3. The plans, specifications and drawings submitted with the applications were reviewed by the Harbor Commission and approved at its meeting of November 14th, 2022.
NOW, THEREFORE, THE HARBOR COMMISSION OF THE CITY OF
REDONDO BEACH DOES HEREBY RESOLVE AS FOLLOWS:
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Section 1. Based on the above findings, the Harbor Commission of the City of Redondo Beach does hereby approve the Exemption Declaration and grants the request for this Conditional Use Permit and Coastal Development Permit subject to the plans and applications considered by the Harbor Commission at its meeting of November 14, 2022.
Section 2. This permit shall be void in the event that the applicant does not comply with the following conditions:
The approval granted herein is for the use of a portions) of an existing retail tenant space as restaurant seating located at 136 International Boardwalk as represented in the plans reviewed and approved by the Harbor Commission.
2. The Community Development Department and Waterfront and Economic Development Department are authorized to approve minor changes.
In the event of a disagreement in the interpretation and/or application of these conditions, the issue shall be referred back to the Harbor Commission for a decision prior to the issuance of permits. The decision of the Harbor Commission is conclusive and final.
4. The Harbor Commission shall retain jurisdiction of the matter for the purpose of enforcing compliance with these conditions and for the purpose of modification thereof as circumstances may subsequently indicate.
5. The installations) shall comply with all applicable codes and regulations implemented by the Building Division and any other agencies with jurisdiction over such use(s).
6. The applicants) shall obtain all necessary permits and licenses including, but not limited to Health, Building, Alcoholic Beverage Control, Business and Entertainment prior to commencement of operations.
7. In the event that an Entertainment Permits) is/are requested, conditions shall be placed which require, all door panels and other openings to be closed while amplified music is taking place and identifiable security personnel shall be stationed at the primary entrance(s)/exits) to supervise and control the activities of patrons and prevent noise and other disturbances.
8. All deliveries shall be scheduled to avoid peak periods of pedestrian activity when feasible in the opinion of the Waterfront and Economic Development Department.
9. All trash, litter, and debris shall be removed from the premises daily and properly disposed.
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10. The restaurant shall be operated between 12:00 pm and 10:00 pm Monday through Thursday, 12:00 pm and 12:00 am (midnight) Friday and Saturday, and between 12:00 pm and 11:00 pm on Sundays.
11. The applicant shall submit a detailed plan(s) for any exterior alterations to the building including any proposed signage and graphics. Said plan(s) shall be reviewed and approved by the Waterfront and Economic Development and Community Development (to the Building and Safety Division, in the event a building permit is required) prior to commencement of business operations.
12. In exchange for the City's issuance and/or adoption of the Project Approvals, the Applicant, and its successors in interest, agrees to detend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Redondo Beach, and its appointed and elected officials, officers, employees, and agents (collectively "City"), from every claim or demand made or subsequent litigation initiated, including in particular but not limited to any claims, demands or litigation brought seeking to overturn the Project Approvals, whether under the California Environmental Quality Act ("CEQA"), the Coastal Act, the Government Code, Redondo Beach City Charter, or other state or local law, including any attorneys' fees or costs which may be awarded to any person or party challenging the Project Approvals on any grounds ("Applicant's Indemnity Obligation").
Section 3. Approval of this request for a Coastal Development Permit and Conditional Use Permit shall become null and void if not vested within 36 months after the Harbor Commission's approval of the project.
Section 4. Prior to seeking judicial review of this resolution, the applicant is required to appeal to the City Council. The applicant has ten days from the date of the adoption of this resolution in which to file an appeal.
FINALLY RESOLVED, that the Harbor Commission forward a copy of this resolution to the City Council so the Council will be informed of the action of the Harbor Commission.
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PASSED, APPROVED AND ADOPTED this 14th day of November, 2022.
Roger Carlson, Chair
Harbor Commission
City of Redondo Beach
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF REDONDO BEACH
1, Greg Kapovich, Waterfront and Economic Development Director of the City of Redondo Beach, California, do hereby certify that the foregoing Resolution No.2022-11-HCR-03 was duly passed, approved and adopted by the Harbor Commission of the City of Redondo Beach, California, at a regular meeting of said Harbor Commission held on the 14th day of November, 2022 by the following vote:
AYES: Chair Carlson, Commissioners Kilroy, Chrzan, Bauer, and Light NOES: None
ABSENT: Commissioners Callahan and Walters
ABSTAIN: None
Greg Kapovich
WED Director
APPROVED AS TO FORM:
City Attorney's Office
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