HomeMy WebLinkAboutRES 16-7046 (SUSTAIN PC DECISION 519 PIER AVE-see original in vault for correction2
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RESOLUTION 16-7046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING
COMMISSION DECISION TO APPROVE A PRECISE DEVELOPMENT
PLAN FOR THE REMODEL AND EXPANSION OF AN EXISTING ONE-
STORY COMMERCIAL BUILDING AT 519 PIER AVENUE
(CONVERTING THE EXISTING DRY CLEANER BUSINESS TO
OFFICES AND ADDING APPROXIMATELY 170 SQUARE FEET, AND
ADDING A ROOF DECK; AND PARKING PLAN TO ALLOW THE
PAYMENT OF A FEE IN LIEU OF PROVIDING AN ADDITIONAL
PARKING SPACE REQUIRED FOR THE EXPANSION AT 513-519 PIER
AVENUE); AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. An application was filed by Baker, Burton & Lundy, PC, property owners,
requesting approval of Precise Development Plan 16-11 and Parking Plan 16-4 to remodel an
existing law office space at 513-517 Pier Avenue, expand the law operations into the adjacent
space at 519 Pier Avenue (currently Door to Door Valet Dry Cleaners), construct an addition of
167 square feet at the front of 519 Pier Avenue, and construct a second story 556 square foot roof
deck atop 519 Pier Avenue; and Parking Plan to allow the payment of a fee in -lieu of providing an
additional parking space.
SECTION 2. The Planning Commission conducted a duly noticed public hearing to
consider the application on August 16, 2016 at which time testimony and evidence, both oral and
written, was presented to and considered by the Planning Commission. The Planning Commission
approved the application with a 4-0 vote.
SECTION 3. On August 23, 2016, the City Council, pursuant to Section 2.52.040 of the
Municipal Code, took jurisdiction of the Planning Commission decision.
SECTION 4. On September 27, 2016, the City Council held a duly noticed public hearing
to review the Planning Commission's decision, at which time testimony and evidence, both
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written and oral, and the record of the decision of the Planning Commission was presented to and
considered by the Council.
SECTION 5. Based on the testimony and evidence received, the City Council makes the
following factual findings:
1. The site is zoned SPA- 11 which allows general commercial uses, and
remodels/additions of 1,500 square feet or more require approval of a Precise Development Plan.
Surrounding uses consist of restaurants, retail, and residential to the rear.
2. The applicant proposes to remodel the existing office space to include seven
personal offices, three secretarial desks, a conference room, bathrooms, and a work alcove. The
tenant space at 519 Pier Avenue will be remodeled to include three personal offices, a restroom,
and a new reception area with stairs leading to a 556 square foot roof deck at the southeast corner
of the building. Additionally, a 167 square foot expansion in front of the 519 Pier Avenue space
is proposed, thereby pushing the building to within 2.5 feet of the front property line.
SECTION 6. The project is categorically exempt from the provisions of the California
Environmental Quality Act pursuant to CEQA Guidelines, Section 15301(e) Existing Facilities,
because the proposal involves interior and exterior changes less than 10,000 square feet in an area
where all public services and facilities are available.
SECTION 7. Based on the testimony and evidence received, the City Council makes the
following findings pertaining to the application for the Precise Development Plan pursuant to
H.B.M.C. Section 17.58.030:
1. Distance from existing residential uses in relation to negative effects: The proposed
project is located along Pier Avenue in the SPA- 11 zone, a commercial zone within the downtown
district. To the rear of the property, in a natural valley, is a mobile home park consisting of
approximately 60 units. The residential property to the rear sits at an elevation significantly lower
than the subject property, with the closest residential building being approximately 40 feet from
the proposed office use and roof deck. The proposed roof deck is located near the front portion of
the subject lot along Pier Avenue, thereby aiding in reducing noise disturbances to the properties
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to the rear. Despite the proposed roof deck location near the front of the property, the project has
been conditioned to limit use of the roof deck from 8:00 a.m. to 10:00 p.m. daily.
2. The amount of existing or proposed off-street parking in relation to actual need:
The existing building at 513-517 Pier Avenue has five spaces located at the rear of the building.
The existing building at 519 Pier Avenue has four spaces located at the rear of the building.
Existing parking is legal nonconforming to current parking requirements, as 18 spaces would be
required if the proposed use and building were built today. A full analysis of the parking is
included later in the document under the Parking Plan heading.
3. The combination of the uses proposed, as they related to compatibility: The
proposed office use is currently in operation at 513-517 Pier Avenue and will be expanded to
include the adjacent tenant space (519 Pier Avenue). Staff recommends a condition of approval
limiting the use of the roof deck to the hours of 8:00 a.m. to 10:00 p.m. daily to reduce the
likelihood of impacts to nearby residential uses.
4. The relationship of the estimated generated traffic volume and the capacity and
safety of streets serving the area: The law office currently operates out of the tenant spaces at
513-517 Pier Avenue while the tenant space at 519 Pier Avenue currently houses a dry cleaner.
Per Hermosa Beach Municipal Code standards the dry cleaning use and the office use have
identical parking requirements (1 space per 250 square feet). However, a dry cleaning use tends to
generate more brief individual trips (5-20 minutes) to a site than an office use typically demands,
with most office trips consisting of employees coming to the site for a work shift and staying for
the majority of the day (4-10 hours). Therefore, the proposed expansion of the law office into the
dry cleaner space and small increase in floor area is not anticipated to increase traffic volume to
the site.
5. The proposed exterior signs and decor, and the compatibility thereof with existing
establishments: The existing buildings contain two separate uses (law office and dry cleaners)
separated by buildings with different exteriors. The proposed project will install a new fagade
along the Pier Avenue frontage of 519 Pier Avenue congruent with the existing frontage of 513-
517 Pier Avenue. Submitted plans indicate the new window systems, new stone veneer, and new
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wood columns to be installed along the Pier Avenue frontage will match the existing window
systems, stone veneer, and wood columns. Additionally, a new entry door near the corner of Pier
Avenue and Bard Street will be installed and match the existing glass of the window systems.
The SPA-11 zone encourages pedestrian oriented uses on the ground level as well as
minimum glazing standards on the ground floor. The proposed project meets the minimum
requirement of 70% glazing between the 3 feet and 8 feet in height area along the Pier Avenue
frontage and the applicant has provided an exhibit in the submittal detailing this requirement.
Additionally, the Pier Avenue fagade design of the existing law office will be continued along the
easterly portion of the expanded area fronting Pier Avenue as well as the entire east side of the
building fronting Bard Street in an effort to create a single continuous aesthetic.
Building height is proposed to be approximately 24 feet, while the SPA- 11 zone allows
buildings of no greater than two stories and a maximum of 30 feet high. A new planter is
proposed along the Pier Avenue frontage to complement an existing planter on the westerly half of
the project.
6. Building and driveway orientation in relation to sensitive uses, e.g. residences and
schools: The proposed roof deck will be constructed near the front of the property, away from
residential uses. Access to the building is oriented towards the front along Pier Avenue, while
additional employee access is available at the rear of the site nearest available off-street parking
via four doors. The office will be in use primarily during daytime hours, such that employee
access to the building at the rear of the site is not anticipated to negatively impact the residential
uses to the rear.
The site is accessed via off-street parking along the alley at the rear of the building
(Oak Street) and metered street parking at the front of the property along Pier Avenue. No
alterations to vehicular access are proposed.
7. Noise, odor, dust and/or vibration that may be generated by the proposed use: The
general office use of the building has existed for multiple years and has not been noted as being
particularly impactful with regard to noise, odor, and vibration. The proposed roof deck is
oriented at the southeastern most corner of the building, approximately 80 feet from the residential
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uses to the rear, and has been conditioned to be limited to operating hours of 8:00 a.m. to 8:00
p.m. daily so as to reduce the likelihood of impacts to the residences to the rear. Other impacts
related to construction are addressed by existing codes. Should unanticipated noise impacts occur,
the subject entitlements may be reviewed at any time at the request of the Planning Commission.
8. Impact of the proposed use to the City's infrastructure, and/or services: The
existing site contains an office use and a dry cleaning use, both of which are adequately served by
the existing infrastructure. The proposed expansion of 167 square feet is not anticipated to stress
the required infrastructure or services beyond capacity. Therefore, no negative impacts are
anticipated.
9. Adequacy of mitigation measures to minimize environmental impacts in
quantitative terms: The proposed project seeks to expand an existing office use within the
downtown district and construct a roof deck atop a portion of the building. General office uses are
not typically impactful to neighboring tenants as operations usually involve administrative work
contained within a building. However, the addition of the roof deck has the potential to create
negative impacts on neighboring tenants and residences. The location of the roof deck at the
southeastern most corner of the building reduces the likelihood of noise -related impacts on
neighboring properties, as such, the project has been conditioned to limit use of the roof deck from
8:00 a.m. to 10:00 p.m. to assist in helping to reduce possible noise -related impacts of this outdoor
ancillary use.
10. Other considerations that, in the judgement of the Planning Commission, are
necessary to assure compatibility with the surrounding uses, and the city as a whole: The project
is located within the SPA- 11 zone, a commercial zone of which the intent is to facilitate a
pedestrian -oriented seaside village center with buildings of diverse character reflecting the use of
local architecture and culture. The project will continue an existing architectural style along Pier
Avenue and Bard Street as well as add a new roof element congruent with the style of the
building.
The SPA- 11 development standards seek to facilitate a pedestrian oriented frontage via
minimum development standards such as a prominent entryway accessible from the sidewalk
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situated at the corner of buildings located at street intersections when possible, a minimum
number of doorways along the frontage, maximum height allowances of 30 feet and two stories,
and minimum glazing standards at general eye level. The project has a prominent entryway
situated at the corner of Pier Avenue and Bard Street compliant with SPA- 11 development
standards, however, pursuant to Section 17.38.550(G)(2) an additional door is required to be
constructed along the frontage. The project has been conditioned to require an additional door
along the Pier Avenue street frontage compliant with SPA- 11 standards.
Additionally, the proposed project contains window glazing compliant with the
minimum 70 percent standard from Section 17.38.550(G)(3) of the SPA-11 zone. An exhibit
detailing the glazing of the building is provided in the applicant's submittal. Also, the project
proposes to construct roof projections over the right-of-way along Pier Avenue and Bard Street,
compliant with SPA- 11 standards. The project has been conditioned to require an encroachment
permit through the Public Works Department prior to issuance of a building permit.
Collectively the SPA-11 standards seek to facilitate a unique pedestrian -oriented
building along the one of the City's prominent commercial corridors. Although it may be
desirable to the City to encourage more pedestrian -oriented uses like retail, the SPA-11 zone
allows a variety of general commercial uses including offices. The project has been conditioned
to meet the standards and general intent of the SPA- 11 standards.
SECTION 8. Based on the foregoing, the City Council makes the following findings
that the applicant may pay fees in -lieu of providing required parking for the change of use per
Section 17.44.210:
1. The applicant is unable to provide the required parking triggered by the 167
square foot expansion.
2. The business is located within the downtown district where metered parking is
available and other modes of transportation like bicycling and walking are common.
area.
3. The proposed office use will not significantly increase parking demand in the
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4. Pursuant to Section 17.44.210 a fee in -lieu of providing required parking is
required.
SECTION 9. Based on the Staff Report, testimony and evidence received, including the
record before and findings of the Planning Commission, the City Council hereby sustains the
Planning Commission decision to approve Precise Development Plan 16-11 for the remodel and
expansion of an existing one-story commercial building at 519 Pier Avenue, and Parking Plan 16-
4 to allow payment of a fee in -lieu of providing an additional parking space required for the
expansion at 513-519 Pier Avenue:
Precise Development Plan
1. The proposed modifications to the building shall be substantially consistent with
plans submitted and approved by the City Council on September 27, 2016. The Community
Development Director may approve minor modifications that do not otherwise conflict with the
Municipal Code or requirements of this approval. Any substantial deviation must be reviewed and
approved by the Planning Commission.
a. Architectural treatments and accessory facilities shall be as shown on building
elevations, site and floor plans. Precise building height compliance shall be reviewed at the time
of Plan Check, to the satisfaction of the Community Development Director.
b. All exterior lighting shall be downcast and fully shielded, and illumination
shall be contained within the property boundaries. Lighting shall be energy -conserving and
motion detector lighting shall be used for all lighting except low-level (three feet or less in height)
security lighting and porch lights. Lamp bulbs and images shall not be visible from within any
onsite or offsite residential unit. Exterior lighting shall not be deemed finally approved until 30
days after installation, during which period the Building Official may order the dimming or
modification of any illumination found to be excessively brilliant or impacting to nearby
properties.
c. Landscaping shall comply with Section 8.60.070 of the Municipal Code to the
satisfaction of the Community Development Director.
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d. The exterior of the premises shall be maintained in a neat and clean manner,
and maintained free of graffiti at all times.
e. The establishment shall not adversely affect the welfare of the residents,
and/or commercial and residential establishments nearby.
2. The roof deck shall not be occupied from 10:00 p.m. to 8:00 a.m. daily.
3. An additional door shall be added to the Pier Avenue building frontage compliant
with the requirements of Section 17.38.550(G)(2).
4. The applicant shall seek a determination from the California Coastal Commission
on whether a Coastal Development Permit is required, and if required the applicant must obtain
the Coastal Development Permit prior to issuance of the building permit.
5. The project shall comply with all requirements of the Building Division, Public
Works Department and Fire Department, and the City of Hermosa Beach Municipal Code.
6. Encroachments into the public right-of-way are subject to an encroachment permit
approved by the Public Works Department.
7. The subject property shall be developed, maintained and operated in full
compliance with the conditions of this grant and any law, statute, ordinance or other regulation
hereafter adopted that is applicable to any development or activity on the subject property. Failure
of the permittee to cease any development or activity not in full compliance shall be a violation of
these conditions.
8. The Planning Commission may review this Precise Development Plan and Parking
Plan and may amend the subject conditions or impose any new conditions if deemed necessary to
mitigate detrimental effects on the neighborhood resulting from the subject use.
9. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the Planning Commission, unless significant construction or improvements or the use
authorized hereby has commenced. One or more extensions of time may be requested. No
extension shall be considered unless requested, in writing to the Community Development
Director including the reason therefore, at least 60 days prior to the expiration date. No
additional notice of expiration will be provided.
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10. The existing parking supply of 9 parking spaces shall not be reduced. The
parking spaces shall be accessible to all patrons of the building.
11. In order to compensate for a lack of required parking on -site, the applicant shall
contribute fees to the City's parking improvement fund in lieu of the required one (1) parking
space, as set forth in Section 17.44.040(E) of the Zoning Ordinance, at the amount of $28,900 as
set forth by resolution of the City Council. The payment of fees in -lieu of required parking shall
be made prior to issuance of the building permit.
SECTION 10. This grant shall not be effective for any purposes until the permittee and
the owners of the property involved have filed at the office of the Planning Division of the
Community Development Department their affidavits stating that they are aware of, and agree to
accept, all of the conditions of this grant.
The Precise Development Plan and Parking Plan shall be recorded, and proof of
recordation shall be submitted to the Community Development Department prior to the issuance
of a building permit.
Each of the above conditions is separately enforced, and if one of the conditions of
approval is found to be invalid by a court of law, all the other conditions shall remain valid and
enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the
City of Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City
may be required to pay as a result of any claim or action brought against the City because of this
grant. Although the permittee is the real party in interest in an action, the City may, at its sole
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discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
SECTION 11. Pursuant to the Code of Civil Procedure Section 1094.6, any legal
challenge to the decision of the Planning Commission, after a formal appeal to the City Council,
must be made within 90 days after the final decision by the City Council.
SECTION 12. This Resolution shall take effect immediately. The City Clerk shall certify
to the passage and adoption of this Resolution, shall cause the original of the same to be entered
among the original resolutions of the City Council and shall make a minute of the passage and
adoption thereof in the minutes of the City Council meeting at which the same is passed and
adopted.
PASSED, APPROVED and ADOPTED this 27th day of September, 2016.
PRESIDENT of the City Council
ATTEST:
City Clerk
AYOR of the City of Hermosa Beach, California
APPROVED AS T FORM:
C ti
City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 16-7046 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on September 27, 2016.
The vote was as follows:
AYES:
Armato, Duclos, Massey, Petty, Mayor Fangary
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated September 27, 2016
Elaine Doerfling, City Cler